Section 112 of the Constitution of Urabba Parks

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Section 112 of the Constitution of Urabba Parks sets out the terms of membership, and membership places.

Compiled text (Section 112 - Membership of Urabba Parks)

(1)    Each member of Urabba Parks agrees to the following:

(a)    support the objects of Urabba Parks;
(b)    pay the membership fees levied in respect of membership held by the member;
(c)    serve on a jury or make lawful arrangements for a person to serve on a jury if and when required;
(d)    pay any pledge on membership held by the member if and when required, including upon winding-up or on a lawful call made on the membership.

Note:          A member of Urabba Parks is a party to the agreement of jurisdiction: see paragraph 8(1)(a).

Conditions of original grants of membership

(2)    No original grant of membership within a class may take place unless:

(a)    except in relation to affiliate membership – any membership of the class or of which may convert upon the option of the member to the class that is liable to be sold first by Urabba Parks as attorney is granted first before any original grant takes place; and
(b)    membership to be originally granted paragraph (a) is allotted under law.

(3)    In subsection (2), a reference to membership of a class liable to be sold includes membership of another class that may convert into the class at the option of the member.

Variation and cancellation of rights of membership

(4)    For the purposes of any enactment, including section 246B of the Corporations Act 2001 of the Parliament of the Commonwealth, rights in respect of a class of membership may be varied and cancelled, and membership may be converted from one class to another by or under the following:

(a)    the making, repeal or amendment of a law of Urabba Parks, or by the operation of such law (whether at a time to be fixed under the law or upon any act done under the law);
(b)    a resolution of the members of Urabba Parks (other than a resolution to enact a law) made on the advice of the directors, but only in respect of membership of a class established this way.

Membership places

(5)    The following table sets out registration items:

Registration table 6—Membership places
Item Description of place Category
7 The membership of Urabba Parks
7.0.1 Director
7.0.2 Secretary
7.0.3 Officer for the purposes of section 9 of the Corporations Act 2001 of the Parliament of the Commonwealth who is not a director or secretary
7.0.4 Member
7.0.5 Party to the agreement of jurisdiction
7.0.6 Elector or corporate voter for the Management or a place under the Management succeeded to or appointed upon presentation of an ordinary member
7.0.7 Elector or corporate voter for the House of Ordinaries under subsection 30(3)
7.0.8 Elector or corporate voter for a campus government entity not falling in item 7.0.7
7.0.9 Member of an association not falling in items 7.0.7 or 7.0.8
7.0.10 Person who may act as or for a member of a internal body not falling in items 7.0.7, 7.0.8 or 7.0.9
7.1.0.s Member holding ordinary membership, which is membership of Urabba Parks that is not:
(a) service membership;
(b) patron membership; or
(c)  affiliate membership
7.2.0.s Member holding service membership, which is membership of Urabba Parks that is redeemable
7.2.2.s Member holding interest-bearing membership, which Is service membership entitled to interest
7.3 The Patronage of Urabba Parks
7.3.0.0.y President of the Patrons or Deputy
7.3.0.s Member holding patron membership, being membership of Urabba Parks that has preference and is not redeemable
7.4.0.s Member holding affiliate membership, which is membership of Urabba Parks that:
(a) does not have any preference; or
(b) does not have any rights to any charity distribution, other than from amounts sourced from giving accounts and giving pools
7.5 Urabbaparcensian Associate, having been declared as such under law, provided that no law providing for the revocation of Associateship shall be effective unless:
(a) the Associate is neither:
(i)   a holder of membership; or
(ii)  a nominee of a company that is a holder of membership that is not in the foundation or control group of which a Urabbaparcensian Associate is head;
(b) the Associate becomes or is subject to an expulsion order of which any right of appeal within the judicial group of which Urabba Parks is a member has been exhausted or expired;
(c)  the revocation relates to fraud, dishonesty or corruption in relation to any application for a declaration as a Urabbaparcensian Associate, whether or not of the individual; or
(d) upon application or with the consent of the individual.
Y
7.6.0.s A stakeholder member, being a member of Urabba Parks who is a member of a stakeholder constituency
7.6.k Stakeholder constituency
7.6.k.s Member of a stakeholder constituency being the occupier of a stakeholder place (category Y) occupied or presented by a member of Urabba Parks
7.7 The Fellowship of Urabba Parks
7.7.w Fellow of Urabba Parks, a title the Enactor may bestow on a person appointed by an ordinary member (other than a visitational member) of a class eligible to present a person for appointment to the title (a fellowship), and any reference to the grade of the fellowship is a reference to the total grade of membership held by the presenter
7.7.w.s Fellowship member, being an ordinary  member who may present a person for appointment to a Fellowship
7.8 The Partnership of Urabba Parks
7.8.w A Partner of Urabba Parks, a title Enactor may bestow on the holder of a share succeeding to the title (a partnership), such share being ordinary membership (other than visitational membership) of a class eligible to succeed to the title, and any reference to the grade of the partnership is a reference to the total grade of membership eligible to succeed to the partnership
7.8.w.s A partnership member, being an ordinary member who may present a person for appointment to a Partnership
7.9.s A visitational member, being an ordinary member who may present a person for appointment as a Commissioner of the Visitatorial Commission, and if no such class of ordinary membership exists then the class of membership of the first-numbered share of ordinary membership shall be so eligible
7.10.s A foundational member, being an ordinary member who may succeed to the Management, but if no such, and if no such class of ordinary membership exists then the class of membership of the first-numbered share of ordinary membership shall be so eligible

Enactment information

Status

Proposed

Commencement

Law not made

Entrenchments

Endnotes

Please see information about the endnotes and the abbreviation key

Legislation history
Statute or Instrument Number and year Assent Commencement Application, saving and transitional provisions
Constitution Adoption 2021 No. 1, 2021 11 Jan 2021 1 Feb 2021 (gaz 2021,p. 1)
Amendment history
Provision affected How affected

Relevant notes from the explanatory memorandum

276. Subsection (1) sets out the agreement of each member of Urabba Parks.  These include to support the objects of Urabba Parks, pay membership fees, serve on a jury or make arrangements to serve if required and pay any pledge on membership.  Although these responsibilities are expressly mentioned elsewhere or implied by this Constitution, the intention of this provision is to clarify the responsibilities that are specific to members.  As such, it does not make any mention of being bound by this Constitution, as all persons on the premises or proceedings of Urabba Parks (including member’s representatives, proxies, personnel and visitors) are subject to this Constitution and laws made and having effect under it.

277. Subsection (2) restricts original grants of membership (allotments) in a particular class where there exists membership that is of that class or convertible to that class liable to be sold by Urabba Parks as attorney (see section 115).  This is to protect the value of membership from erosion by ensuring existing membership which is available for sale is sold before the original grant of new membership.

278. Subsection (4) provides that the rights attaching to a class of membership may be altered for the purpose of any enactment (including section 246B of the Corporations Act 2001) by the legislative process, or in some circumstances by a resolution of the members of Urabba Parks made on the advice of the directors where the class of membership was established that way (such as membership of a class granted under the Enactorial prerogative).  The intention of this section is to give the Parliament power over the variation of class rights.

279. Subsection (5) includes registration table 7 which sets out places associated with the membership of Urabba Parks (item 7) (membership places). The placeholder character ‘s’ is substituted for the security number – a unique number given to each share of membership. Places listed include:

(A) directors (item 7.0.1);
(B) secretaries (item 7.0.2);
(C) other officers (item 7.0.3);
(D) members (item 7.0.4);
(E) parties to the agreement of jurisdiction (item 7.0.5);
(F) electors for the Management or a place under the Management (item 7.0.6), elector or corporate voter for the House of Ordinaries under subsection 30(3) (item 7.0.7), elector or corporate voter for a campus government entity not falling in item 7.0.7 (item 7.0.8), member of an association not falling in items 7.0.7 or 7.0.8 (item 7.0.9) – these places are used to keep statistics of the various categories of electors;
(G) ordinary members, holding ‘ordinary membership’, which is membership of Urabba Parks that is not service membership, patron membership or affiliate membership (item 7.1.0.s);
(H) service members holding ‘service membership’, which is membership of Urabba Parks that is redeemable (item 7.2.0.s);
(I) service members holding ‘interest-bearing membership’, which is service membership entitled to interest (item 7.2.2.s);
(J) the Patronage of Urabba Parks (item 7.3) including the President (item 7.3.0.0.y) and patron members holding ‘patron membership’, being membership of Urabba Parks that has preference and is not redeemable (item 7.3.0.s);
(K) affiliate members holding ‘affiliate membership’, which is membership of Urabba Parks that does not have any preference or does not have any rights to any charity distribution, other than from amounts sourced from giving accounts and giving pools (item 7.4.0.s);
(L) Urabbaparcensian Associates (item 7.5) – the description of the place of an Associate in this item provides that no revocation of an Associateship shall be effective unless the Associate is not a holder or membership or nominee of a company that is a member, is subject to an expulsion order of which there is no extant right of appeal, in relation to fraud, dishonesty or corruption in relation to any application for a declaration as a Urabbaparcensian Associate or upon application or with the consent of the individual;
(M) stakeholder member, being a member of Urabba Parks who is a member of a stakeholder constituency (item 7.6.0.s); stakeholder constituencies (item 7.6.k); member of a stakeholder constituency being the occupier of a stakeholder place (category Y) occupied or presented by a member of Urabba Parks (item 7.6.k.s);
(N) the Fellowship of Urabba Parks (item 7.7), a Fellow of Urabba Parks, a title the Enactor may bestow on a person appointed by an ordinary  member other than a Visiting Member of a class eligible to present a person for appointment to the title (a ‘fellowship’), and any reference to the grade of the fellowship is a reference to the total grade of membership held by the presenter (item 7.7.w), and fellowship members, being an ordinary  member who may present a person for appointment to a Fellowship (item 7.7.w.s);
(O) the Partnership of Urabba Parks (item 7.8), a Partner of Urabba Parks, a title Enactor may bestow on the holder of a share succeeding to the title (a ‘partnership’), such share being ordinary membership of a class eligible to succeed to the title other than visitational membership, and any reference to the grade of the partnership is a reference to the total grade of membership eligible to succeed to the partnership (item 7.8.w), and partnership members, being an ordinary  member who may present a person for appointment to a Partnership (item 7.8.w.s),
(P) visitational member, being an ordinary  member who may present a person for appointment as a Commissioner of the Visitatorial Commission, and if no such class of ordinary membership exists then the class of membership of the first-numbered share of ordinary membership shall be so eligible (item 7.9.s);

(Q) foundational member, being an ordinary  member who may succeed to the Management, but if no such, and if no such class of ordinary membership exists then the class of membership of the first-numbered share of ordinary membership shall be so eligible (item 7.10.s).

See also

Notes

Judgments

Further reading

External links