Section 16 of the Constitution of Urabba Parks

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Constitution of Urabba Parks
Chapters of the Constitution
1: The Parliament 2: The Executive 3: The Judicature 4: Finance and Accountability 5: The Community 6: New Jurisdictions 7: Miscellaneous 8: Alterations to the Constitution 9: Visitations Schedule 1: Oath, affirmation and declaration Schedule 2: Entrenchments
Text of the Constitution
Commonwealth of Australia Constitution Act

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Section 16 of the Constitution of Urabba Parks sets out the voting rights for the Enactor and other members of the foundation control group. The Enactor is disenfranchised from votes of the members unless the vote relates to the powers of the Enactor (such as to give assent to legislation or approve an act in the Proprietary Council), or to the succession to Management (the place of the Enactor).

Compiled text (Section 16 - Votes of the Enactor)

Voting rights -- questions of members other than Enactor

(1)    A member of the foundation control group of which Urabba Parks is a member shall not have any vote as a member of Urabba Parks on a question of the members of Urabba Parks, unless the question:

(a)    is one to which subsection 13(1) applies; or

(b)    may only be voted on by full members eligible to succeed to the Management (foundation members).

Voting rights -- succession

(2)    No entity forming part of the foundation influence group of which Urabba Parks is Head may vote on the succession of the Management.

Enactment information

Status

Proposed

Commencement

Law not made

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

98. This section limits the power of the Enactor and each entity in the foundation control group to vote in resolutions other than those which subsection 13(1) applies (for the exercise of the legislative or executive power), or a resolution which may only be voted on by foundation members, holding full membership eligible to succeed to the Management.  This provision is crucial as the Enactor is effectively given the right to formally ‘manage’ without the prospect of removal in return for remaining ‘above politics’; this requires membership held by the Enactor and entities within the foundation influence group of which Urabba Parks is member not to be counted when determining an election of a member of Parliament or approval in a referendum for an alteration to this Constitution.

99. Subsection (2) provides a member of the foundation influence group of which Urabba Parks is Head may vote on the succession of the Management – this eliminates the potential for such an entity to succeed, where there would not be an entity (not being a state jurisdiction) that would ultimately hold Foundation in Urabba Parks, meaning there would effectively be a vacancy in the place of the Enactor.