Section 130 of the Constitution of Urabba Parks

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Section 130 of the Constitution of Urabba Parks provides for the effectiveness of alterations to this Constitution

Compiled text (Section 130 - Effectiveness of alterations to this Constitution)

Effect of certain alterations of this Constitution

(1) Any alteration of this Constitution, or the making, amendment or repeal of any law having effect under this Constitution:

(a) that has the effect of Urabba Parks ceasing to be a charity is void so as to affect the application of:

(i) any property acquired under any disposition or agreement previously made otherwise than for full consideration in money or money’s worth, or any property representing property so acquired;

(ii) any property representing income which has accrued before the alteration is made; or

(iii) the income from any such property;

(b) that has the effect of limiting indemnity payable in respect of an officer that is lawful (but for the alteration) shall not be taken to limit such indemnity in relation to acts and omissions before the alteration, except in relation to a person who has voluntarily agreed to such limitation.

Limitations on requirements contained in entrenchments

(2) A requirement contained in an entrenchment is only effective if the requirement:

(a) is that of approval by members of Urabba Parks; or

(b) can be negated by way of approval by those members.

Approval by entity holding foundation in Urabba Parks

(3) The member immediately holding foundation in Urabba Parks agrees that any approval given to an alteration of this Constitution or law having effect under this Constitution, or the approval of any act, that limits the powers of an entity having foundation shall be of no effect unless the entity has enacted for the alteration or approval, or given consent for enactment of the same.

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

312. This section entrenches the charitable nature of Urabba Parks, by limiting the ability to make certain constitutional changes and the effect of those changes if actually made. Subsection (1) provides for the limitation of the alteration to the Constitution in certain cases including:

(A) resulting in Urabba Parks ceasing to be a charity does not permit the application of existing income or property to non-charitable objects – this provision is based on section 197 of the Charities Act 2011 of the Parliament of the United Kingdom; and

(B) limiting indemnity provided to a person does not affect any indemnity in relation to acts and omissions before the alteration, except in relation to a person who has voluntarily agreed to such limitation.

313. Subsection (2) limits the application of requirements other than the approval of the members of Urabba Parks. This is to assert the ownership of Urabba Parks by its members, by ensuring that those extra requirements (such as a higher than absolute majority in a House of Parliament or certificate of the Visitatorial Commission) cannot prevent the members of Urabba Parks from approving an alteration to this Constitution, entrenched provisions and entrenched acts.

314. Subsection (3) provides the member immediately holding foundation agrees that any approval given to an alteration of this Constitution or other law, or the approval of any act, that limits the powers of an entity having foundation shall be of no effect unless the entity has enacted for the alteration or approval, or given consent for enactment of the same.

Notes

Judgments

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