Section 41 of the Constitution of Urabba Parks

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Constitution of Urabba Parks
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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 41 of the Constitution of Urabba Parks sets out the expectations of members of the Houses of Parliament.

Compiled text (Section 41 - Duties of members)

(1)    Each member of a House of the Parliament shall:

(a)    act in the best interests of Urabba Parks;

(b)    not use the position of a member for any private benefit; and

(c)    be absent from any proceeding of a parliamentary body in which it is possible that a conflict will arise between the member’s duty to act solely in the interests of Urabba Parks and any personal interest (including but not limited to any personal financial interest) unless leave has been granted under subsection (2).

(2)    Nothing in this section shall prevent a member from voting or deliberation on any matter in a parliamentary body on any matter of which the member is subject to a conflict of interests because of a duty of loyalty owed to another entity but of which the members of the body not subject to such conflict have given leave for the member to deliberate and vote on the matter, provided leave shall only be granted if the matter does not involve a direct or indirect benefit of any nature to a legislative director or connected entity thereof.

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

143. This section, based on article 9 of the Charity Commission of England and Wales’ Charitable Companies: Model Articles of Association (published January 2017), provides that each member of a House of the Parliament must act in the best interests of Urabba Parks and not for any private benefit.  Paragraph (1)(c) also provides the member may not be present when there is a potential conflict of interest, however subsection (2) allows for the member to vote if leave is granted in circumstances where the conflict of interest is not of a financial nature.  This section is important to Urabba Parks meeting ACNC Governance Standard 5, which requires responsible entities of charities to act in the best interest of the charity and in a way that does not endanger its work.