Section 17 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 17 of the Constitution of Urabba Parks

Compiled text (Section 17 - Provisions relating to the Enactorial Household)

(1)    Urabba Parks shall appoint a person as director under this section (an Honorary Director) if the person is an occupier of a registered place that is both a director place (category D) and a household place (category H), being an Honorary Director place.

(2)    The office of an Honorary Director shall become vacant if the Honorary Director is or becomes:

(a)    a director of Urabba Parks under any other section;

(b)    a person who does not occupy an Honorary Director place.

Supply benefits of the Enactor and persons connected with the Enactorial Household

(3)    The Enactor:

(a)    is not entitled to any benefit of any contract for the supply of property or services to any entity in the control group of which Urabba Parks is Head; and

(b)    is liable to pay back to the entity any benefit received by Mister Enactor personally or by a connected entity.

(4)    Subsection (3) does not apply to approved benefits or exempt benefits.

(5)    Each occupier of a household place and each connected entity of an occupier of a household place is a connected entity of Mister Enactor.

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

100. This sections deals further with the dignity of the Enactor by providing for the appointment of Honorary Directors, who are appointed in respect of household places (category H) (an Honorary Director place).  While Honorary Directors are, despite the title, substantively appointed directors of Urabba Parks, such appointment does not confer, within the system of government, any powers in relation to policy-making.  Also, it is not required to hold office as an Honorary Director to exercise the powers of the Enactor under internal law; the Manager General is not appointed a director under this section.

101. In addition this section also regulates related party benefits of the Enactor by limiting the ability of a member of the Enactorial Household to receive benefits from an entity in the control group of which Urabba Parks is Head unless it is an exempt benefit or approved benefit.  Subsection (5) provides occupiers of household places (category H) are connected entities of Mister Enactor.

102. These provisions ensure that any related party benefit is substantively approved by persons independent of the Enactorial Household, which is essential for Urabba Parks to run as a not-for-profit entity as required under ACNC Governance Standard 1.