Section 113 of the Constitution of Urabba Parks

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Section 113 of the Constitution of Urabba Parks provides for supplemental grants (transfers) of membership.

Compiled text (Section 113 - Supplemental grants of membership)

(1)    Membership is not transferrable or transmissible, unless the membership may be supplementarily granted under law.

Supplemental grants of ordinary membership

(2)    Ordinary membership shall be supplementarily granted if:

(a)    the membership is not:
(i)    foundational membership;
(ii)    visitational membership; or
(iii)    membership falling in either item 7.7.w.s or 7.8.s of the table in subsection of the table in subsection 112(5);
(b)    each proposed grantee who is an individual:
(i)    is a Urabbaparcensian Associate; and
(ii)    is aged 18 years or over;
(c)    no proposed grantee is subject to an expulsion order;
(d)    the grant is to a single person, or no more than three persons jointly;
(e)    the supplementary grant is not prohibited by an Australian law or court order, or a deed or agreement binding on the transferor (including but not limited to any employee share scheme agreement);
(f)    the grantee pays or agrees to pay:
(i)    outstanding calls on the membership;
(ii)    membership fees payable to the Executive Government of Urabba Parks or a jurisdictional division or campus government fees remaining unpaid following the grant;
(iii)    any applicable stamp duty;
(iv)    the transfer levy; and
(v)    the transfer fee.

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

280. Subsection (1) provides that membership is not transferrable or transmissible, unless the membership may be supplementarily granted under law.  With the exception of ordinary membership, membership of Urabba Parks may only be transferred if specifically allowed by the Parliament or the association of which it is granted.  The purpose of this provision is to allow for internal laws to apply in respect of the holding of membership.  

281. Subsection (2) clarifies the public nature of ordinary membership by establishing its transferability, by providing that ordinary membership shall be supplementarily granted if:

(A)   the membership is not foundational membership, visitational membership or membership falling in either item 7.7.w.s or 7.8.s of the table in subsection of the table in subsection 112(5)
(B)    each proposed grantee who is an individual is a Urabbaparcensian Associate aged 18 years or over;
(C)    no proposed grantee is subject to an expulsion order;
(D)   the grant is to a single person, or no more than three persons jointly;
(E)    the supplementary grant is not prohibited by an Australian law or court order, or a deed or agreement binding on the transferor (including but not limited to any employee share scheme agreement);
(F)     the grantee pays or agrees to pay outstanding calls on the membership, membership fees payable to the Executive Government of Urabba Parks or a jurisdictional division or campus government fees remaining unpaid following the grant, any applicable stamp duty, the transfer levy and the transfer fee.

See also

Notes

Judgments

Further reading

External links