Section 44 of the Constitution of Urabba Parks

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Constitution of Urabba Parks
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Commonwealth of Australia Constitution Act

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Section 44 of the Constitution of Urabba Parks sets out the disqualifications for the members of the Houses of Parliament.

Compiled text (Section 44 - Disqualification)

(1)    A person shall be incapable of being chosen or of sitting as a member of a House of the Parliament if the person is subject to any of the disqualifications set out in the table.

(2)    This table sets out disqualifications from being chosen or of sitting as a member of a House of the Parliament:

Disqualifications from being chosen or of sitting as a member of a House of the Parliament

Item	Disqualification
1	Attained of treason or treachery, or convicted or found guilty for any offence punishable by imprisonment for 5 years or longer under the law of a state jurisdiction falling in item 2 of the table in subsection 31(3) or as the Parliament provides, who has not been pardoned
2	Serving a sentence of imprisonment for an offence against the law of a state jurisdiction falling in item 1
3	Disqualified or suspended from appointment as a company director, charity trustee or person responsible for the management of a company or charity under the law of a state jurisdiction falling in item 2 of the table in subsection 31(3) or as the Parliament provides
4	Attainted of subversion or betrayal, or has been condemned and is under sanction, or subject to be sanctioned, for any offence against the law of a non-state jurisdiction falling in item 2 of the table in subsection 31(3) or as the Parliament provides
5	Serving a sanction of disqualification for an offence against the law of a non-state jurisdiction falling in item 4
6	Insolvent under administration
7	Holding membership of any component of the legislature, or any office of profit or responsibility under: (a) a state jurisdiction; or (b) the management of a non-state jurisdiction falling in item 4
8	Holding office in a local government entity in a state jurisdiction
9	Holding office in a campus government entity of any non-state jurisdiction falling in item 4
10	In receipt of supply benefits from any entity within the legislative influence group of which Urabba Parks is Head

Certain matters, offices and contracts excepted

(3)    No item in the table in subsection (2) applies where any item in this table applies.

Exceptions from disqualifications from being chosen or of sitting as a member of a House of the Parliament

Item	Exception
1	An act, matter or thing: (a) that is declared under law not to have effect; and (b)  is not an act, matter or thing that has caused or been caused by any inability of a person to be appointed or remain a director or charity trustee of Urabba Parks under an Australian law
2	An engagement with a defence force or emergency service of a state jurisdiction falling in item 3 of the table in subsection (2): (a) that is not on a professional basis; or (b) that is professional and not on a full-time basis
3	The holding of an office (whether paid or honorary) held in: (a) a medical establishment; (b) a personal care establishment; or (c)  an educational establishment; excepting offices where remuneration is payable from an entity representing the Management or a campus government entity (or equivalent) within the foundation influence group of which Urabba Parks is Head
4	The assumption of the administration of the Government of Urabba Parks on an honorary basis by a legislative director who is not a Minister of Corporation
5	Holding of the place of a Minister of Corporation
6	An engagement with the Defence Service of a non-state jurisdiction falling in item 4 of the table in subsection (2) whose services are honorary
7	The receipt of exempt benefits
8	The receipt of an approved benefit payable to a legislative director or Minister of Corporation of Urabba Parks

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

147. This section, based on the corresponding section of the Australian Constitution, sets out the disqualifications from membership of a House of the Parliament and exemptions to those disqualifications. This section is intended to provide a basic set of standards in relation to the conduct of members, such as:

(A) attainment of treason or treachery, or conviction for offences under the law of a state jurisdiction falling in item 2 of the table in subsection 31(3) or provided by the Parliament punishable by 5 years imprisonment or more who has not been pardoned (item 1);

(B) serving a sentence of imprisonment for an offence against the law of a state jurisdiction falling in item 1 :(item 2);

(C) disqualification from managing corporations or charities under the law of a state jurisdiction falling in item 2 of the table in subsection 31(3) or as the Parliament provides (item 3);

(D) attainment of subversion or betrayal, or condemnation for offences under the law of a non-state jurisdiction falling in item 2 of the table in subsection 31(3) or as the Parliament provides sanctionable by 5 years or more (item 4);

(E) serving a sanction of disqualification for an offence against the law of a non-state jurisdiction falling in item 4 (item 5);

(F) insolvent under administration (item 6);

(G) holding office in a state jurisdiction or the management of a non-state jurisdiction (item 7);

(H) holding office in a local government entity in a state jurisdiction (item 8);

(I) holding office in a campus government entity of any non-state jurisdiction falling in item 4 (item 9);

(J) receipt of supply benefits from any entity within the legislative influence group of which Urabba Parks is Head (item 10).

Exemptions

148. Subsection (3) provides for some exemption from the disqualifications, including:

(A) acts, matters and things declared not to have effect that do not involve the ability of the person to be appointed or remain a director or charity trustee of Urabba Parks under an Australian law (item 1);

(B) service in the defence reserves or emergency services (item 2);

(C) holding office in a medical establishment, personal care establishment or educational establishment outside the foundation influence group of which Urabba Parks is Head (item 3);

(D) assumption of the Government, except by a Minister (item 4);

(E) holding of the place of a Minister of Corporation (item 5);

(F) honorary engagements with Defence Services of non-state jurisdictions (item 6);

(G) receipt of exempt benefits (item 7);

receipt of an approved benefit payable to a legislative director or Minister of Corporation of Urabba Parks (item 8).