Section 16 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 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.
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
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.
|Wikisource has original text related to this article:|