Section 151 of the Constitution of Urabba Parks

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Section 151 of the Constitution of Urabba Parks provides for the requirements for a statement of reasonableness, the evidentiary value of a statement and also provides that the Archdiocese shall issue the statement in circumstances where the Visitatorial Commission has no members. There is also provision for delegation of the power to issue statements.

Compiled text (Section 151 - Statement of reasonableness)

(1)    In relation to the making of a law or instrument, the alteration of a law or instrument, or the approval of an act (a proposal), a statement of reasonableness is a statement that the proposal is reasonable, having regards to:

(a)    the intentions of the Founder, being those:
(i)    falling in entrenchment 1.1.1; or
(ii)    not falling in subparagraph (i), to the extent such intentions are not inconsistent with them;
(b)    this Chapter, but only to the extent:
(i)    the provision ranks equally or higher than the proposal for the purposes of effect of laws under section 10; or
(ii)    in the case of a document made under a provision – the provision ranks equally or higher than the proposal for the purposes of effect of laws under section 10;
(c)    deeds and agreements to which Urabba Parks is a party:
(i)    that affect its legislative or executive policy; or
(ii)    for the provision of a charitable benefit on behalf of, or in conjunction with, an entity outside the control group of which Urabba Parks is Head;
(d)    the interests of stakeholders, including:
(i)    key stakeholders who are not members of Urabba Parks;
(ii)    members of Urabba Parks who will be eligible to vote in a referendum on the proposal; and
(iii)    stakeholders not falling in subparagraph (i) or (ii); and
(e)    other matters as considered appropriate.

(2)    A statement of reasonableness of which is made by or on behalf of a body, is conclusive evidence that the body:

(a)    has obtained any relevant advice and evidence in relation to the proposal; and
(b)    has appropriately reflected on proposal;

and cannot be questioned in any tribunal exercising corporate jurisdiction.

(3)    Should there be no internal body charged execution and maintenance of the provisions of this Constitution relating to visitations, or the body has no members capable of acting in relation to the certificate of reasonableness:

(a)    a reference in an entrenchment to the body shall be a reference to the Archdiocese; and
(b)    a reference in an entrenchment to the presenters of the members of the body shall be a reference to the members in item 7.0.14 of the table in subsection 112(5).

(4)    The internal body charged with the execution and maintenance of the provisions of this Constitution relating to visitations, or if the body is not established or has no members capable of performing their functions, the Archdiocese:

(a)    may declare that a statement of reasonableness need not be obtained in relation to a particular matter or class of matter, in which case the matter so declared is exempt for the purposes of this paragraph; or (b)    may delegate the power to issue a statement of reasonableness to another body, in which case a reference to the body shall be a reference to the other body; and (c)    alter and revoke such declaration or delegation as it sees fit.

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

343.   Subsection (1) sets out the matters a person issuing a statement of reasonableness under entrenchment V, including:

(A)   the intentions of the Founder, being those falling in entrenchment 1.1.1 or not falling in the entrenchment, to the extent such intentions are not inconsistent with them;
(B)    this Chapter, but only to the extent the provision ranks equally or higher than the proposal for the purposes of effect of laws under section 10, or in the case of a document made under a provision – the provision ranks equally or higher than the proposal for the purposes of effect of laws under section 10;
(C)    deeds and agreements to which Urabba Parks is a party that affect its legislative or executive policy, or for the provision of a charitable benefit on behalf of, or in conjunction with, an entity outside the control group of which Urabba Parks is Head;
(D)   the interests of stakeholders, including key stakeholders who are not members of Urabba Parks, members of Urabba Parks who will be eligible to vote in a referendum on the proposal and other stakeholders; and
(E)    other matters as considered appropriate.

344.   Subsection (2) provides for the evidentiary value of statements of reasonableness, which shall be conclusive evidence that the body that issued the statement has obtained any relevant advice and evidence in relation to the proposal and has appropriately reflected on proposal.  It cannot be questioned in any tribunal exercising corporate jurisdiction.

345.   Subsection (3) provides that in the case the Visitatorial Commission (referred to as the internal body charged execution and maintenance of the provisions of this Constitution relating to visitations) is not established or has no members, a reference in an entrenchment to the Commission shall be a reference to the Archdiocese and a reference in an entrenchment to the presenters of the members of the body shall be a reference to the members in item 7.0.14 of the table in subsection 112(5).

346.   Subsection (4) provides for the delegation of the Visitatorial Commission (or the Archdiocese in which it is exercising the powers of the Commission under this section) may declare that a statement of reasonableness need not be obtained in relation to a particular matter or class of matter, in which case it is taken to be and delegate the power to issue a statement of reasonableness to a person or body.  The Commission or the Archdiocese (as the case may be) may alter and revoke such declaration or delegation as it sees fit.

See also

Notes

Judgments

Further reading

External links