Section 113 of the Constitution of Urabba Parks
|This article is part of the series|
|Constitution of Urabba Parks|
|Chapters of the Constitution|
|Text of the Constitution|
|Commonwealth of Australia Constitution Act|
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) each proposed grantee falls in item 7.0.7 of registration table 6 in subsection 112(5);
- (b) no proposed grantee is subject to an order not to acquire membership issued by a tribunal of Urabba Parks or any non-state jurisdiction that is an entity having foundation in Urabba Parks, or a person who is a party to any deed or agreement requiring the person not to acquire membership:
- (c) the grant is to a single person, or no more than three persons jointly, and no grantee is an individual under the age of 18 years;
- (d) in respect of the membership there are no membership fees payable to the Executive Government of Urabba Parks or a jurisdictional division or campus government fees unpaid after falling due and there are unpaid calls on the membership;
- (e) the transfer is not restricted 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 any applicable stamp duty, the transfer levy and the transfer fee.
(3) Paragraph (2)(d) does not apply if:
- (a) any fees outstanding on the membership are written off under law or accepted by the transferee; and
- (b) the grantee accepts any liability on the membership.
Law not made
|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)|
|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) provides ordinary membership shall be supplementarily granted subject to some basic conditions, such as the transferee being on the electoral roll (item 7.0.7 of registration table 6 in subsection 112(5)) and not being subject to an expulsion order and over the age of 18, and membership fees, stamp duty and transfer levies and fees. The purpose of this provision is to clarify the public nature of ordinary membership by establishing its transferability.
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