Section 130 of the Constitution of Urabba Parks

From Urabba Parks
Jump to navigation Jump to search

Previous Section|Table of Provisions|Next Section



Section 130 of the Constitution of Urabba Parks provides that the

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

Effectiveness of laws falling in entrenchment items

(1)    A provision of this Constitution, or a law having effect under this Constitution is void to the extent that the law:

(a)    is an entrenched provision falling within a particular item, to the extent that it is inconsistent with:
(i)    any item numbered before the particular item in the same level of the hierarchy of items in the table of entrenchment items;
(ii)    any item falling under the particular item in a lower level of the hierarchy of items in the table of entrenchment items; or
(b)    that is not an entrenched provision is void to the extent that it repeals or renders ineffective an entrenched provision.

Effect of certain alterations of this Constitution

(2)    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 limits the legislative powers of an entity having legislative rights shall be of no effect unless:
(i)    it has been enacted by the entity; or
(ii)    the resolution of the alteration was given by the entity or with the consent of the entity;

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.

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 provides for the entrenchment of certain laws of Urabba Parks and the ranking of entrenched provisions.  There are also  including its charitable nature, by limiting the ability to make certain constitutional changes and the effect of those changes if actually made. Subsection (1) provides for the ranking of entrenched provisions.  Laws falling within a particular item in the table of entrenchment items are void to the extent they are inconsistent with laws falling in:

(A) an above item (see note 356 for more information on how entrenchment items are to be positioned); or
(B) an item falling under the particular item (see note 357 for more information on when an item falls within another item).

313. Subsection (2) 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;
(B) limiting the legislative powers of entities having foundation in Urabba Parks do not have any effect unless agreed to by the entity – the resolution of alteration would usually be signified by an Honorary Manager from the relevant entity; and
(C) 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.

314.

See also

Notes

Judgments

Further reading

External links