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:

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

Note 2: The nature of Urabba Parks is charity and democracy: see paragraphs 116(1)(d) and (e).

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
7 The membership of Urabba Parks
7.0.1 Director
7.0.2 Secretary
7.0.3 Auditor
7.0.4 Member
7.0.5 Party to the agreement of jurisdiction
7.0.6 Member falling in item 7.7.w.s, 7.8.w.s, 7.9.s or 7.10.s
7.0.7 Member holding ordinary membership of a class not eligible to succeed to the Management or a place under the Management, or to present for appointment to a place under the Management, except for a defence place (category D) appointed on an honorary basis
7.0.8 Represented member, being:
(a) a member falling in item 7.0.7; or
(b) a member eligible to succeed, present or elect to a representative place (category B) having membership of a deliberative component of the legislature of Urabba Parks or a jurisdictional division, or from which a member of a component is ultimately chosen
7.0.8.d Represented member of a jurisdictional division
7.0.9 Non-represented member, being a member who does not fall in item 7.0.8
7.0.9.d Non-represented member of a jurisdictional division
7.0.10.k Elector or corporate voter who is enrolled on the general electoral roll of Urabba Parks, having consented to being identified on the roll by:
(a) the full legal name of the elector or corporate voter;
(b) in the case of a corporate voter – by the Australian Company Number, Australian Business Number or other registration number, and the jurisdiction and place of incorporation of the corporate voter;
(c)  the constituency the elector or corporate voter is a member by residence (whether or not having any votes in such constituency); and
(d) the address of residence, deemed residence, registered office or place of business of the elector or corporate voter, except in the case of an elector:
(i)   who has no address on the Electoral Roll under section 104 of the Electoral Act 1918 of the Parliament of the Commonwealth; or
(ii)  who is not an Australian Citizen granted a request under law to delete or suppress the residential address on the basis that its disclosure would place the personal safety of the person or of members of the person's family at risk
7.0.11 Person falling in item 7.0.10 who holds or acts on behalf of a member of the foundation group of which Urabba Parks is a member, a foundation member, visitational member or member falling in item 7.7.w.s or 7.8.w.s
7.0.12 Person falling in item 7.0.10 not falling in item 7.0.11
7.0.13 Person falling in item 7.0.6 or 7.0.7
7.0.14 A member of Urabba Parks, being:
(a) a Bishop of the Archdiocese, or a number of such Bishops jointly;
(b) a charity, or the trustee or trustees of a charity of which a Bishop of the Archdiocese or person removable by the Archdiocese is a visitor or governing body member or is otherwise charged with the visitation, governance or management; or
(c) an entity which has no holders of its membership, other than an entity falling in this item.

A place falling in this item falls in category Y.

7.0.15 A member of Urabba Parks, being:
(a) a person recorded in the Roll of Arms of Urabba Parks as being of Aboriginal or Torres Strait Islander descent; or
(b) an entity:
(i)   registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006; or
(ii)  of which is controlled by entities falling in this item.

A place falling in this item falls in category Y.

7.0.16 A member of Urabba Parks, being:
(a) a person recorded in the Roll of Arms of Urabba Parks as being of Hellenic descent; or
(b) an entity not falling in item 7.0.14 of which is controlled by entities falling in this item.

A place falling in this item falls in category Y.

7.1.0.s Member holding ordinary membership, being ordinary shares issued by Urabba Parks
7.2.0.s Member holding service membership, being redeemable preference shares issued by Urabba Parks
7.2.2.s Member holding interest-bearing membership, which Is service membership entitled to interest
7.3.0.s Member holding patron membership, being non-redeemable preference shares issued by Urabba Parks
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.
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 occupant of a stakeholder place (category Y) occupied or presented by a member of Urabba Parks
7.7.w.s An ordinary member who may present a person for appointment to a titular place (category T)
7.7.w.s.y Holder of a presenting title or nominee
7.7.w.s.P Presenter of the holder of a title, being a member falling in item 7.7.w.s in respect of the title
7.8.w.0.y Holder of a succeeding title or nominee
7.8.w.0.N Successor to a title, being a member falling in item 7.8.w.s in respect of the title
7.8.w.s An ordinary member eligible to succeed to a titular place (category T) (other than a foundation member)
7.9.s A visitational member, being an ordinary member who may present a person for appointment as a member of the body declared by this Constitution as having powers in relation to the execution and maintenance, within Urabba Parks, of the provisions of this Constitution relating to visitations, and if no such class of ordinary membership exists then foundation members shall be eligible
7.10.s A foundation member, being an ordinary member who may succeed to the foundation of Urabba Parks, and if no such class of ordinary membership exists then members of the class of membership of the first-numbered ordinary share shall be eligible
7.11.e An entity formed under the law of Urabba Parks

A place falling in this item may be of category E, M or N

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
Urabba Parks Proprietary Limited Constitution Statute 2021 No. 1, 2021 5 Mar 2021 5 Mar 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 nature of Urabba Parks (being charity and democracy as specified in paragraphs 116(1)(d) and (e)), 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.

Membership places

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 membership number. Places listed include:

(A) directors (item 7.0.1), secretaries (item 7.0.2) and auditors (item 7.0.3);
(B) members (item 7.0.4);
(C) parties to the agreement of jurisdiction (item 7.0.5);
(D) members falling in item 7.7.w.s, 7.8.w.s, 7.9.s or 7.10.s (item 7.0.6);
(E) members holding ordinary membership of a class not eligible to succeed to the Management or a place under the Management, or to present for appointment to a place under the Management, except for a defence place (category D) appointed on an honorary basis (item 7.0.10);
(F) represented members, being members falling in item 7.0.7 or members eligible to succeed, present or elect to a representative place (category B) having membership of a deliberative component of the legislature of Urabba Parks or a jurisdictional division, or from which a member of a component is ultimately chosen (item 7.0.8), and of jurisdictional divisions (item 7.0.8.d);
(G) non-represented members, being members who do not fall in item 7.0.8 (item 7.0.9), and of jurisdictional divisions (item 7.0.9.d);
(H) elector or corporate voter who is enrolled on the general electoral roll of Urabba Parks, having consented to being identified on the roll by the full legal name of the elector or corporate voter, the Australian Company Number, Australian Business Number or other registration number, and the jurisdiction and place of incorporation (in the case of a corporate voter), the constituency the elector or corporate voter is a member by residence (whether or not having any votes in such constituency), the address of residence, deemed residence, registered office or place of business of the elector or corporate voter, except in the case of an elector who has no address on the Electoral Roll under  section 104 of the Electoral Act 1918 of the Parliament of the Commonwealth, or who is not an Australian Citizen granted a request under law to delete or suppress the residential address on the basis that its disclosure would place the personal safety of the person or of members of the person's family at risk (item 7.0.10);
(I) persons falling in item 7.0.10 who holds or acts on behalf of a member of the foundation group of which Urabba Parks is a member, a foundation member, visitational member or member falling in item 7.7.w.s or 7.8.w.s (item 7.0.11);
(J) persons falling in item 7.0.10 not falling in item 7.0.11 (item 7.0.12);
(K) person falling in item 7.0.6 or 7.0.7 (item 7.0.13)
(L) a member of Urabba Parks, being a Bishop of the Archdiocese, or a number of such Bishops jointly, or a charity or the trustee or trustees of a charity of which a Bishop of the Archdiocese or person removable by the Archdiocese is a visitor or governing body member or is otherwise charged with the visitation, governance or management, an entity which has no holders of its membership, other than a Bishop of the Archdiocese, a person removable by the Archdiocese, a charity of the Archdiocese, or an entity falling in this item (as to include for wholly-owned subsidiaries of those entities in this item) (item 7.0.14) – this item is to recognise the role of the Archdiocese in the Hellenic diaspora, and (along with items 7.0.15 or 7.0.16) falls in category Y;
(M) a member of Urabba Parks, being a person recorded in the Roll of Arms of Urabba Parks as being of Aboriginal or Torres Strait Islander descent, an entity registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 or of which is controlled by persons of Aboriginal or Torres Strait Islander descent, or an entity falling in this item (item 7.0.15) – this item entrenches the status of Indigenous Australians as traditional owners of Urabba Parks;
(N) a member of Urabba Parks, being a person recorded in the Roll of Arms of Urabba Parks as being of Hellenic nationality or descent, or an entity not falling in item 7.0.14 of which is controlled by entities falling in this item (item 7.0.16) – this item entrenches the status of Hellenic Australians as the foundational demographic group of Urabba Parks;
(O) ordinary members, holding ‘ordinary membership’, being ordinary shares issued by Urabba Parks (item 7.1.0.s);
(P) service members holding ‘service membership’, being redeemable preference shares issued by Urabba Parks (item 7.2.0.s);
(Q) service members holding ‘interest-bearing membership’, which is service membership entitled to interest (item 7.2.2.s);
(R) patron members holding ‘patron membership’, being non-redeemable preference shares issued by Urabba Parks (item 7.3.0.s);
(S) 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);
(T) 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;
(U) 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);
(V) presenting titleholders (item 7.7.w.s), and their presenters (item 7.7.w.P), being ordinary members who may present a person for appointment to a title (item 7.7.w.s);
(W) succeeding titleholders (item 7.8.w.0.y), and their members succeeding (item 7.8.w.0.N), being ordinary members eligible to succeed to a title (other than a foundation member) (item 7.8.w.s);
(X) visitational member, being an ordinary member who may present a person for appointment as a Commissioner of the Visitatorial Commission (described in the item as ‘a member of the body declared by this Constitution as having powers in relation to the execution and maintenance, within Urabba Parks, of the provisions of this Constitution relating to visitations’), and if no such class of ordinary membership exists then foundation members shall be eligible (item 7.9.s);
(Y) foundation member, being an ordinary member who may succeed to the foundation of Urabba Parks, 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);
(Z) an entity formed under the law of Urabba Parks – places falling in this item may be of category E, M or N (item 7.11.e).

See also

Notes

Judgments

Further reading

External links