Section 4 of the Constitution of Urabba Parks

From Urabba Parks
Jump to navigation Jump to search

Previous Section|Table of Provisions|Next Section


Section 4 of the Constitution of Urabba Parks sets out the definitions of terms used throughout the Constitution, establishes the registered place system and provides for rules of interpretation. Division 2 of Part 1 of Chapter 1 is entirely comprised of this section.

Compiled text (section 4 - Definitions)

Definitions

Note: If an entrenchment item appears immediately after a term defined in subsection (1), then the definition is an entrenched provision reserved for the item: see item D of the table of entrenchment items in section 1 of Schedule 2.

(1) In this Constitution:

Definitions used in the Constitution
Term Entrenchment

item

Definition
affiliate member 1

1.8

see item 7.4.0.s of the table in subsection 112(5).
agreement of jurisdiction 1

1.1

1.1.1

means the agreement set out in the table in subsection 7(2).
alternate judicial director 1

1.3

3

3.1

means an alternate director appointed under subsection 70(4).
alternate legislative director 1

1.2

2

2.1

means an alternate director appointed under subsection 22(1).
appropriate remuneration authority 2

2.1

3

3.1

4

4.1

5

5.1

6

means, in relation to an approval of supply benefits:
(a)  in the case of a Commissioner of the Visitatorial Commission - each ecclesial entity and entity not able to distribute profits to non-charitable members that is a presenter of a Commissioner of the Visitatorial Commission or of which a member is charged with spiritual functions, provided except in the case of an ecclesial entity an entity only falls in this item if its governing body consists of at least 3 members not connected entities of each other;
(b)  in the case of a member of a campus government entity:
(i)  a person or body who occupies an independent management place (category I) or independent governance place (category W);
(ii)  a body falling in paragraph (c);

provided the person or any member of the body is not an entity subject to the proposed approval or a connected entity thereof;

(c)  in any other case - the Visitatorial Commission or another body provided by the Parliament:
(i)  consisting wholly of occupiers of independent governance places; or
(ii)  that is a body formed within an organisation of non-state jurisdictions, where none of the members of the body occupy legislative or judicial office in those jurisdictions;

provided the Commission or other body consists of at least two members, and does not include among its members any entity who is subject to the proposed approval or a connected entity thereof.

approved benefit 2

2.1

3

3.1

4

4.1

5

5.1

6

means a benefit that falls in the table in subsection 90(3).
association 1

1.7

means an entity that:
(a)  under the law of Urabba Parks:
(i)  has succession within Urabba Parks; and
(ii)  has the power to grant membership or has membership attached to it; and
(b)  is not:
(i)  a jurisdictional division; or
(ii)  a campus government entity;
(iii)  an ecclesial entity.
benefit 1

1.1

1.1.1

means a benefit, direct or indirect that is money or has a monetary value.
campus government entity 1

1.6

means an entity formed with succession in Urabba Parks that has powers and functions provided under law to ensure the peace, order and good government of Urabba Parks in a municipal district.
charitable benefit 1

1.1

(a)  means a benefit that is either or both:
(i)  a public benefit as defined in section 6 of the Charities Act 2013 of the Parliament of the Commonwealth; or
(ii)  a benefit to a charity; and

(b)  without limiting paragraph (a), includes:

(i)  a supply benefit that is also a charitable benefit; and
(ii)  a charity distribution.
charity distribution 1

1.1

includes the following:
(a)  an application of property to an eligible charity nominated by a member of Urabba Parks;
(b)  a credit of property to a giving account held by the member;
(c)  a credit of property to a giving pool to which membership is attached;
(d)  paid up membership of Urabba Parks (other than service membership).
company 1

1.1

1.1.1

means a person that is not an individual.
connected entity 2

2.1

3

3.1

4

4.1

5

5.1

6

includes the following in relation to an entity (in this definition called the first-mentioned entity):
(a)  an entity with control, joint control or significant influence on the first-mentioned entity;
(b)  a close member of the family of the first-mentioned entity within the meaning of paragraph 9 of AASB 124 Related Party Disclosures or entity falling in paragraph (a);
(c)  an entity of which the first-mentioned entity or entity falling in paragraph (a) or (b) has foundation;
(d)  an entity of which the first-mentioned entity or entity falling in a previous paragraph has control joint control or significant influence;
(e)  an entity who:
(i)  is a connected person of Urabba Parks within the meaning of section 118 of the Charities Act 2011 of the Parliament of the United Kingdom by virtue of the first-mentioned entity being a charity trustee of Urabba Parks; or
(ii)  would fall in subparagraph (i) if the first-mentioned entity were to be a charity trustee of Urabba Parks;
(f)  an entity provided as being a connected entity of the first-mentioned entity under law.
Consolidated Revenue Fund 1

1.1

means the Fund that is constituted under section 81.
Court of Directors or Court 3

3.2

means the Corporate Supreme Body of Judicature established under section 71.
disposal warrant 1

1.1

means a warrant that allows for Urabba Parks to sell membership forfeited as a result of a default on a pledge or as attorney for the member so holding that is made or authorised by an expulsion order.
editorial change 1

1.1

1.1.1

(a)  means a change to a law or proposed law:
(i) that does not have any effect on the law or any other law; and
(ii) is made for reasons of presentation only; and

(b)  includes an editorial change as defined in section 15X of the Legislation Act 2003 of the Parliament of the Commonwealth, as if subsection (3) of that section applied to laws and instruments made by any entity (including Urabba Parks).

eligible charity 1

1.1

includes:
(a)  a charity having similar purposes to Urabba Parks;
(b) a government entity (as defined by section 4 of the Charities Act 2013 of the Parliament of the Commonwealth) that is able to receive the surplus assets of Urabba Parks upon winding-up on the basis the government entity would be a charity if it were not a government entity; and
(c)  an entity formed within Urabba Parks;

but does not include an entity that is excluded as an eligible charity under law.

entrenched matter 1

1.1

1.1.1

includes:
(a)  an entrenched provision; and
(b)  an act that falls within an entrenchment item.
entrenched provision 1

1.1

1.1.1

means a law of Urabba Parks that falls within an entrenchment item.
entrenching item 1

1.1

1.1.1

means an entrenchment item that does not begin with a number.
entrenchment item 1

1.1

1.1.1

means an item provided in the table in section 1 of Schedule 2.
exempt benefit 2

2.1

3

3.1

4

4.1

5

5.1

6

includes the following benefits:
(a)  a public benefit as defined in section 6 of the Charities Act 2013 of the Parliament of the Commonwealth;
(b)  purchase of property or services on arm’s length terms, or at a discount, where such discount is an exempt benefit by virtue of any other paragraph of this definition;
(c)  the granting of membership in an eligible charity:
(i)  for no consideration;
(ii)  upon winding-up of Urabba Parks;
(iii)  in consideration of having membership acquired by Urabba Parks and making any charity distributions in respect of the membership to the eligible charity or another eligible charity nominated by the first-mentioned eligible charity;
(d)  charity distributions a giving account or giving pool;
(e)  redeemable or repayable financial instruments issued for consideration of the amount paid up on its principal;
(f)  lawful indemnity and insurance benefits given under subsection 86(1);
(g)  the provision of services to an entity in relation to the duties of the entity in regards to the control group of which Urabba Parks is Head including the following:
(i)  travel, sustenance, accommodation or telecommunications;
(ii)  use of a vehicle;
(iii)  personal care for a person in the charge of the person whilst the person is carrying out duties and responsibilities in relation to the entity or travel associated with those duties;
(iv)  acquisition of property and services for the benefit of the control group of which Urabba Parks is Head or of which is necessary for the person to carry out duties and responsibilities in relation to the entity;
(v)  any other expense beneficial to the conduct of the business of Urabba Parks that may reasonably be regarded as analogous to, or within the spirit of, any of the kinds of expenses mentioned in subparagraphs (i) to (iii);
(h)  a reimbursement for expenses falling in paragraph (g);
(i)  an allowance payable to the recipient of an approved benefit for the purposes of expenses falling in paragraph (g).
expulsion order 1

1.1

means an order (however described):
(a)  made by a judicial body as a result of:
(i)  a conviction for an offence against the law of a relevant state jurisdiction;
(ii)  a condemnation for an offence against the law of a non-state jurisdiction; or
(iii)  failure to do or pay anything as required by a body that may hear and examine evidence under law or consent of the parties;
(b)  that permits a disposal warrant to be issued; and
(c)  prevents the person from acquiring membership in Urabba Parks for consideration.
gift fund 1

1.1

means a gift fund maintained under section 30.130 of the Income Tax Assessment Act 1997 of the Parliament of the Commonwealth (ITAA97):
(a)  that is credited with the following:
(i)  all gifts made for the principal purpose of the gift fund;
(ii)  contributions described in item 7 or item 8 of the table in section 30.15 of ITAA97 in relation to a fundraising event held for that purpose;
(iii)  property received because of gifts falling in subparagraph (i) or contributions falling in subparagraph (ii);
(b)  which does not receive any property not falling in paragraph (b); and
(c)  that is applied for the purposes of the gift fund.
giving account 1

1.1

means an account:
(a)  subject to the law of Urabba Parks; and
(b)  that may only be applied for the purpose of:
(i) charity distributions; or
(ii) fees and charges payable to Urabba Parks.
giving pool 1

1.1

means a giving account:
(a)  held by a granting entity other than a member; or
(b)  held by two or more members.
granting entity 1

1.1

includes the following:
(a)  the Executive Government of Urabba Parks or a jurisdictional division;
(b)  a campus government entity;
(c)  an association;
(d)  a member, but only in the case of membership attached to property (and for the purposes of this section property does not include cash).
holder of membership 1

1.1

1.1.1

includes a person who is:
(a)  a member; or
(b)  holding membership jointly with others.
Honorary Director 2

2.1

means a director appointed under subsection 17(1).
Honorary Manager 2

2.1

means an occupier of a registered place commencing with ‘1.0’ that is an administrative place (category A).
House of Ordinaries 2

2.1

means the House of Parliament constituted under section 24.
indemnified person 1

1.2

1.3

1.4

1.5

1.6

see subsection 86(2).
interest-bearing membership 1

1.1

1.1.1

see item 7.2.2.s of the table in subsection 112(5).
internal body 1

1.1

1.1.1

means a body formed under the law of Urabba Parks.
internal proceeding 1

1.1

1.1.1

means a proceeding of a internal body.
judicial director 1

1.3

3

3.1

means a director appointed under subsection 70(1).
jurisdictional division 1

1.5

5

5.1

includes, for the purposes of a particular provision of this Constitution:

(a)  a region; and (b)  a jurisdiction declared to be a jurisdictional division for the purposes of the provision.

legislative director 1

1.2

2

2.1

means a director appointed under subsection 21(1).
Manager‑General in Council 2

2.1

see section 63.
Manager‑General 2

2.1

includes an Honorary Manager present on the premises or at the proceedings of Urabba Parks, the Manager‑General for the time being and such person as the Enactor may appoint to administer the Government of Urabba Parks; but no such person shall be entitled to receive any salary from Urabba Parks in respect of any other office during the person’s administration of the Government of Urabba Parks (and for the purpose of this definition, salary does not include a presentation fee).
member by residence 1

1.5

1.6

5

6

means, in relation to a jurisdictional division or municipal district, a member of the jurisdictional division or municipal district based:
(a)  on the street address of the member in the register of members, if the address is occupied by the member; or
(b)  if the address in the register is not a street address occupied by the member – a statement appearing in the register of members that the member, or a person appointed by the member, resides or conducts business in the jurisdictional division or municipal district.
membership structure item 2

2.2

includes:
(a)  the authorisation original grant of the following (with each subparagraph being a separate membership structure item):
(i)  ordinary membership not convertible to patron membership;
(ii)  service membership not convertible to patron membership or ordinary membership;
(iii)  service membership convertible to ordinary membership;
(iv)  patron membership not convertible to ordinary membership;
(v)  patron membership convertible to ordinary membership;
(vi)  ordinary membership;

for the purposes of this paragraph, membership is convertible if the membership is of a class that may be converted under the law dealing with matters falling within this paragraph without the enactment of a law dealing with matters falling in paragraph (b);

(b)  the conversion (other than under the law governing the original grant) of the following (with each subparagraph being a separate membership structure item)
(i)  service membership to ordinary membership;
(ii)  service membership to patron membership;
(iii)  patron membership to ordinary membership.
ordinary member 1

1.1

see item 7.1.0.s of the table in subsection 112(5).
original grant of membership 1

1.1

means a grant of membership or interest in membership by way of allotment or agreement to allot.
parliamentary body 1

1.2

includes:
(a)  a deliberative component of the legislature;
(b)  the components of the legislature together;
(c)  a committee of a deliberative component; and
(d)  a joint committee of the deliberative components.
parliamentary proceeding 1

1.2

means a proceeding of a parliamentary body.
patron member 1

1.8

8

see item 7.3.0.s of the table in subsection 112(5).
personal information 1

1.1

1.1.1

has the same meaning as in section 6 of the Privacy Act 1988 of the Parliament of the Commonwealth.
placeholder component 1

1.2

means, in relation to a registration item, a character forming part of the item.

Note: The table of placeholder components is in subsection (6).

proceeding 1

1.1

1.1.1

includes the following in relation to a body:
(a)  an election;
(b)  a referendum;
(c)  a meeting;
(d)  a circular resolution;
(e)  a resolution of the sole voting member of the body;
(f)  an agreement or recorded vote (however made or taken) of the members of the body;
(g)  anything done by the body binding on the body, or of which is declared by the body to be a proceeding of the body.
Proprietary Council 2

2.1

means Mister Enactor’s Most Helpful Proprietary Council for Urabba Parks.
public fund 1

1.1

means a gift fund endorsed under Division 30 of the Income Tax Assessment Act 1997 of the Parliament of the Commonwealth as a public fund.
registered place 1

1.1

means a place that is or falls under a registration item.
registration item 1

1.1

means a body or place in a law or instrument:
(a)  provided as a registration item in this Constitution; or
(b)  that falls under a registration item.
represented member 1

1.2

2

2.1

includes the following:
(a)  an ordinary member;
(b)  a member eligible to succeed, present or elect to a representative place (category B).
revenue item 2

2.2

includes the imposition of the following (with each paragraph being a separate revenue item):
(a)  an income levy;
(b)  a levy on any supply made by an entity;
(c)  any levy on purchases from an entity outside Urabba Parks;
(d)  any levy on the creation or addition to the value of inventory;
(e)  membership fees payable to the Executive Government;
(f)  transfer fees or transfer levies on any securities (including membership);
(g)  fees to register or remain registered on an electoral roll used for a internal proceeding.
separate member 1

1.1

1.1.1

means, in respect of a group of members entitled to vote on a particular question at a internal proceeding, such a member who:
(a)  is not in the same control group as another member; or
(b)  is in the same control group as another member and:
(i)  is appointed the separate member by the entity that controls the other members;
(ii)  in the absence of an appointment in subparagraph (i) ‑ controls the other members;
(iii)  if subparagraphs (i) or (ii) do not apply – is appointed by and from the members with common control; or
(iv)  in the absence of an appointment mentioned above – appears first in the register of members.
service member 1

1.1

1.7

7

see item 7.2.0.s of the table in subsection 112(5).
shared judicial oversight board 3

3.1

means a body having functions under the law of multiple non-state jurisdictions in respect of referrals of alleged misbehaviour or incapacity of a class of officers exercising judicial power, but for the purposes of this definition such a body may only have the power to appoint an investigating panel if the body consists of at least:
(a)  one member who is or has been in a class of officers exercising the judicial power of a jurisdiction for which referrals of alleged misbehaviour or incapacity may be referred by the body; and
(b)  one member who has never occupied a place falling in paragraph (a).
special provision 1

1.1

1.1.1

means a law that may only be amended or repealed by a special resolution.
supplemental grant of membership 1

1.1

means a grant of membership that is not an original grant of membership and includes a transfer or transmission.
supply benefit 1

1.1

means a benefit that is made for any consideration, in whole or in part, and includes a supply benefit that is also a charitable benefit.
Urabbaparcensian Associate 1

1.1

see item 7.5 of the table in subsection 112(5).
vacant in the whole 1

1.1

2

2.1

means, in relation to a body that is a deliberative component of the legislature, no places have been provided under law as having membership of the component, or in respect of each place provided:
(a)  chosen by election – no members of Urabba Parks are eligible vote in an election for the place, or those members so eligible all agree not to be represented on the body in respect of the place;
(b) the place is vacant or reverted to the appointor, or no members of Urabba Parks are eligible succeed to the place;
(c)  chosen upon presentation – the place is vacant, or no members of Urabba Parks are eligible to present for appointment to the place;
(d)  in the case of a place not falling in paragraphs (a) to (c) – the place is vacant;
(e)  the place is occupied by a person not eligible for appointment as a director in respect of the person’s membership of body; or
(f)  is occupied by a person who is not appointed a director by virtue of occupying the place and 30 days commencing on the day the person became eligible to be appointed a director by virtue of occupying the place.
visitational membership 1

1.4

4

4.1

see item 7.9.s of the table in subsection 112(5).
Visitatorial Commission 4

4.1

means the Visitatorial Commission of Urabba Parks established under section 101.
visitatorial matter 4

4.1

includes the following:
(a)  an investigation into the conduct, capacity or reasonableness of grounds of removal of the occupier of:
(i)  a judicial place (category J); or
(ii)  an independent governance place (category W);
(iii)  any other place for which the Visitatorial Commission is responsible for issuing an opinion before removal of the occupier of the place from office;
(b)  a matter that which a report may be made under subsection 132(1);
(c)  a matter causing or caused by matters falling in paragraphs (a) or (b);
(d)  the construction of:
(i)  Chapter 9;
(ii)  a law made under Chapter 9; or
(iii) an instrument made under a law falling in subparagraphs (i) or (ii);
(e)  matters incidental to matters falling in paragraphs (a) to (d);
(f)  matters the Enactor declares as being visitatorial matter.

Rules of interpretation

(2)    In the absence of any provision in this Constitution defining a word or term or law of interpretation to the contrary, this Constitution is to be interpreted as if the Acts Interpretation Act 1901 of the Parliament of the Commonwealth as in force on the establishment of jurisdiction applied to this Constitution.

Groups of entities

(3) This table sets out the groups of entities defined by the existence of a constitutional relationship in Column 1 and an economic relationship in the other columns.

Types of groups of entities based on the nature of constitutional relationship and economic relationship
Column 1

Nature of constitutional relationship

Column 2

Entities with constitutional relationship with the head entity

Column 3

Entities controlled by the head entity or entities with constitutional relationship with the head entity

Column 4

Entities controlled or significantly influenced by the head entity or entities with constitutional relationship with the head entity

1 None Control group Influence group
2 Foundation Foundation group Foundation control group Foundation influence group
3 Judicial Judicial group Judicial control group Judicial influence group
4 Legislative Legislative group Legislative control group Legislative influence group

(4) For the avoidance of doubt:

(a) the head of a group falling in subsection (3) is also a member of a group; and
(b) in the case of entities having joint control over other entities, each entity having joint control is taken to be a member of a control group formed by such entities and the other entities controlled jointly by such entities.

Rules relating to registered places

(5)    Each component of a registration item is separated by a full stop.

(6)    Any description, qualification or category applying to a registration item applies to each entity, body or place with a registered place number:

(a)    that may be provided by substitution for a placeholder component in the item by a number other than zero (‘0’); or
(b)    beginning with the item or an item falling in paragraph (a);

and each entity, body or place to which the descriptions, qualifications and categories of a registration item apply by virtue of this subsection is taken to fall under the item.

(7)    items in a registration table are appropriately positioned by component, and each component shall be ordered as follows:

(a)    components with the value zero ‘0’);
(b)    placeholders other than the ranked position number (placeholder component ‘y’);
(c)    numbers;
(d)    placeholder component ‘y’;
(e)    supplementary components.

(8)    A component of a registration item may be separated into subcomponents with a semicolon (:).

Placeholder components

(9)    This table sets out the placeholder components:

Placeholder components
Item Description of component
a Appointment number
b Body number
c Cluster number
d Jurisdiction number
e Entity number
g Grade number
h Foundation seniority number
k Stakeholder constituency number
m Municipal district number
q Inquiry number
s Security number
t Tribunal number
v Team number
w Title number
x Equal position number
y Ranked position number

(10)    If the last component of a registration item is the placeholder of a ranked position number (placeholder component y), the component need not form a registered place number falling in the item if the place is that of a member of a body who cannot appoint or otherwise act through an alternate member.

Supplementary components

(11)    A registered place number may consist of a supplementary component added to the end of the number.

(12)    This table sets out supplementary components:

Supplementary components
Item Description of component
N Nominator
P Presenter

Categories of registered places

(13)    A registered place shall fall within a category:

(a)    if the place is or falls under a registration item where an item in the table in subsection (11); and
(b)    subject to any conditions expressed in the registration item falling in paragraph (a).

(14)    This table sets out the categories of registered places:

Categories of registered places
Item Category name
A Administrative place
B Representative place
C Corporate service place
D Director place
E Employee place
F Defensive service place
G Senior management place
H Household place
I Independent management place
J Judicial place
K Legal system place
L Municipal place
M Committee of management place
N Entity management place
O Law enforcement place
P Parliamentary management place
Q Inquisitional place
R Place associated with a jurisdictional division
S Secretary place
U Place related to honours and awards of Urabba Parks
V Visitatorial place
W Independent governance place
X External relations place
Y Stakeholder place
Z Assurance place

Enactment information

Status

Proposed

Commencement

Law not made

Entrenchments

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

35. Subsection (1) provides for definitions for terms commonly used throughout this Constitution. Many definitions in this subsection are labelled with an entrenchment item number immediately after the defined term; the effect of this is to make the definition an entrenched provision (see note 42(A) for more information about entrenched provisions).

Rules of interpretation

36. Subsection (2) provides that this Constitution is to be interpreted as if the Acts Interpretation Act 1901 as in force on the establishment of jurisdiction. The intention of this provision provides clarity around how the rules of interpretation, eliminating further recitals of standard rules of interpretation in this Constitution.

Groups of entities

37. Subsection (3) defines groups of entities based on their constitutional and economic relationship:

(A) the kinds of constitutional relationship described are:
(i) foundational – a foundation group is a group formed by an entity and other entities under its foundation;
(ii) judicial – a judicial group is a group formed by an entity and other entities where decisions may be appealed to the entity;
(iii) legislative – a legislative group is formed by an entity and other entities of which the entity has legislative power;
(B) the kinds of economic relationship described are:
(i) control – a control group is a group formed by an entity and other entities under its control;
(ii) significant influence – an influence group is a group formed by an entity and other entities under its control or of which the entity has significant influence;

and for the avoidance of doubt, the head of a group is also a member of a group, and in the case of entities having joint control over other entities, each entity having joint control is taken to be a member of a control group formed by such entities and the other entities controlled jointly by such entities.

57. It is possible to define groups based on both on a constitutional relationship and extend that group to entities which have an economic relationship with the entities of which there is a constitutional relationship. For example, a ‘legislative control group’ includes a legislative group as well as entities that are controlled by entities in the legislative group.

58. The following table lists the different kinds of groups:

Types of groups of entities based on the nature of constitutional relationship and economic relationship
Column 1

Nature of constitutional relationship

Column 2

Entities with constitutional relationship with the head entity

Column 3

Entities controlled by the head entity or entities with constitutional relationship with the head entity

Column 4

Entities controlled or significantly influenced by the head entity or entities with constitutional relationship with the head entity

1 None Control group Influence group
2 Foundation Foundation group Foundation control group Foundation influence group
3 Judicial Judicial group Judicial control group Judicial influence group
4 Legislative Legislative group Legislative control group Legislative influence group

Membership

40. Subsection (1) defines types of membership, including:

(A) ordinary membership –membership that is not service membership, patron membership, or affiliate membership;
(B) affiliate membership, which is membership that has not service membership, patron membership or membership having rights to any charity distribution, other than from amounts sourced from giving accounts and giving pools;
(C) patron membership, which is membership that has preference and is not redeemable; and
(D) service membership, which is membership that is redeemable.

41. Subsection (1) defines ordinary membership as ordinary membership not eligible to succeed to the Management or a place under the Management, or to present for appointment to a place under the Management, except for

(A) a defence place (category D); or
(B) an independent governance place (category W) that is neither a visitatorial place (category V) or employee place (category E).

42. Subsection (1) defines other concepts related to membership of Urabba Parks, including:

(A) a ‘holder of membership’ includes a person who is a member of Urabba Parks or a joint holder – references to ‘holder of membership’ within this Constitution are to provide for the several responsibility of a joint holder of membership;
(B) membership is granted in a ‘granting entity’ – it could be the Executive Government of Urabba Parks or a jurisdictional division, a , association, or in some cases the member themselves, and this has implications over how particular assets are distributed among charities on winding-up – see note 240 for more information about distribution of particular assets on winding-up and note 288 for more information about granting membership in entities;
(C) a person is a ‘member by residence’ of a jurisdictional division or municipal district if the member has street address of the member in the register of members, if the address is occupied by the member or if the address in the register is not a street address occupied by the member – a statement appearing in the register of members that the member, or a person appointed by the member, resides or conducts business in the jurisdictional division or municipal district;
(D) membership by residence is used to determine elections for some places, including those in campus government entities and jurisdictional divisions, and having the option of a statement of residence in a jurisdiction allows for members who use an address other than their residence or place of business (such as the address of their professional advisor) as an address in the register of members is included as a member of a jurisdictional division or municipal district for the purpose of representation in those entities;
(E) an ‘original grant’ is an allotment of membership – membership is in the form of shares, so in order for membership to be granted, it first has to be allotted;
(F) a ‘represented member’ includes a person who has a right to elect, succeed or present for appointment to a representative place – this phrase is used as a group of members for the purpose of holding referenda, usually on alterations to this Constitution or other laws establishing the basic structure of the Houses of the Parliament;
(G) a ‘separate member’ is a member that does not belong in a control group with other members (i.e. is not a company controlled by another person who is also a member), or in the case of a member of the control group a nominated entity of the group – this concept is to ensure that a person cannot obtain any votes in circumstances where each member gets one vote by obtaining multiple memberships through related entities (and while elections for the House of Ordinaries are based on one share one vote, the ‘one member one vote’ rule may apply in other circumstances, such as elections to some municipal places and referenda);
(H) a ‘supplemental grant’ of membership includes a transfer or transmission of membership, as membership has already been granted to another person, it is taken to be granted to the transferee or transmittee when they are registered as the holder of the membership.

Associations

43. Subsection (1) defines an association is an entity that has succession within Urabba Parks, is capable of granting membership of Urabba Parks and is not a jurisdictional division, a campus government entity or an ecclesial entity.  The intention of this definition is to clarify that an entity that is not a Corporate Government or divisional government agency, a campus government entity or ecclesial entity is an association.

Benefits regime

44. Subsection (1) defines core concepts of the benefits regime:

(A) ‘benefits’ include any direct or indirect benefit that is money or has a monetary value ;
(B) ‘supply benefits’ are benefits made for consideration including charitable benefits that are also supply benefits;
(C) ‘connected entity’ is a term used to describe an associate of a person, such as close members of a family (as defined in paragraph 9 of AASB 124 Related Party Disclosures), business associates and entities of which the person has control or significant influence – the term is based on ‘connected person’ as defined by section 118 of the Charities Act 2011 of the Parliament of the United Kingdom, and is intended to ensure the capture of all related party transactions with an intention of ensuring such transactions are only entered into when it is in the best interests of the charitable purposes of Urabba Parks;
(D) ‘approved benefits’ means benefits that fall in the table in subsection 90(3) – see note 232 for an explanation of the different kinds of approved benefits;
(E) ‘exempt benefits’ include public benefits (as defined in section 6 of the Charities Act 2013), arm’s length sales, granting of membership interests in eligible charities, charity distributions, officers indemnity and expenses – provisions to allow these kinds of benefits are found in the governing benefits of most charitable organisations.

Charity distributions

45. Subsection (1) defines core concepts of the charity distributions regime, including:

(A) ‘charity distributions’ includes the application of money to a charity nominated by a member, to a giving account or giving pool, or paid up membership of Urabba Parks;
(B) an ‘eligible charity’ is an entity that is a charity (or in some cases a government entity) that has similar charitable purposes to Urabba Parks and not excluded under law;
(C) ‘giving accounts’ and ‘giving pools’ are funds of Urabba Parks that have been made as a charity distribution to members for application as charity distributions or payments of fees and charges payable to Urabba Parks – the purpose of having these funds is to ensure that charity distributions are applied to eligible charities in a manner determined by the members eligible for the charity distributions.

Legislative regime

46. Subsection (1) defines concepts related to the legislative regime, including:

(A) ‘entrenched provisions’ and ‘entrenched acts’ are laws and matters falling in the table of entrenchment items in section 1 of Schedule II – approval is required from the members to alter an entrenched provision or authorise an entrenched act in the form of a referendum;
(B) ‘special provisions’ are laws that require a special resolution to alter, including entrenched provisions – under section 13 a special provision for the enactment of the law must be made by an absolute majority of each House of the Parliament or in a way authorised by a special resolution (see note 93 regarding more information about the provisions governing the passing of a special resolution).

47. Subsection (1) defines concepts related to bodies subject to this Constitution and their proceedings. A ‘proceeding’ includes an election, a referendum, a meeting, a circular resolution, a resolution of a sole voting member, an agreement or recorded vote (however made or taken) of the members of the body and anything done by the body binding on the body, or of which is declared by the body to be a proceeding of the body. Terms related to proceedings include:

(A) a ‘internal body’ means a body formed under the law of Urabba Parks;
(B) a ‘internal proceeding’ means a proceeding of a internal body;
(C) a ‘parliamentary body’ includes a House of the Parliament (known as a deliberative component of the legislature), the Houses together, a committee of a House, or a joint committee of the Parliament;
(D) a ‘parliamentary proceeding’ means a proceeding of a parliamentary body.

Provisions relating to the Manager‑General

48. Subsection (1) includes a definitions related to the office and performance of the powers and functions of the Manager‑General:

(A) any references to the Manager‑General includes an Honorary Manager ‘present on the premises or at the proceedings of Urabba Parks’ as well as the Manager‑General for the time being, and as with the definition in the corresponding section of the Australian Constitution dealing with provisions referring to the Governor‑General, the definition includes ‘such person as the Enactor may appoint to administer the Government of Urabba Parks’ – effectively this definition allows for Honorary Managers (like the Enactor) to exercise administrative powers on Enactorial visits or before a Manager‑General is appointed, and for Mister Enactor to appoint the administrator of the Government in the vacancy, incapacity or absence of the Manager‑General;
(B) an ‘Honorary Manager’ is the occupant of a registered place commencing with ‘1.0’ that is also an administrative place (category A), such as the Enactor or (in some cases) Mister Enactor’s representative in an entity having foundation in Urabba Parks.

Rules relating to registered places

49. Subsection (1) also defines the concept of a registered place; the registered place system allows for better control over the organisational structure of Urabba Parks. A registered place is a place with a registered place number that is or falls within a registration item provided in this Constitution. Each item number consists of a number of components which are separated by a full stop (see subsection (5)). A registration item that contains placeholder components or has as its last component a zero is not a definite place.

50. The concept is embodied in subsection (6), which applies the description, qualifications and categories of places falling in an item. An item falls within another item if the item begins with the other item, or is formed by the substitution of placeholder characters in the other item except by zero (‘0’) (see note 52). The intention of placeholder characters is to have descriptions and qualifications of places items in registration tables applying to numerous places falling within the item.

51. Subsection (7) provides for the appropriate positioning of items in registration tables by component, and for components to be positioned (sorted) starting with zero, then placeholders other than the ranked position number (placeholder component ‘y’), numbers, the placeholder component ‘y’ and then by supplementary components. The purpose of this provision is to reflect the system of grouping of places by component established above.

52. In the case of an item having one or more of its components a zero (‘0’), such item is to be referred to as meaning the leadership of the collective body of places, bodies or entities having numbers in the component. This is reflected in the fact that places ending in ‘0.y’ generally refer to the presiding officer of a body or a team leader.

53. Subsection (8) provides a component may be separated into subcomponents by the use of a semicolon (:). This is to allow for a component to be split to allow for bodies falling within bodies while still maintaining the consistency of the numbering structure established by the aforementioned provisions. Placeholder components

54. Subsection (9) sets out the placeholder components, being:

(A) appointment number (‘a’);
(B) body number (‘b’);
(C) cluster number (‘c’);
(D) jurisdiction number (‘d’);
(E) entity number (‘e’);
(F) foundation seniority number (‘h’);
(G) stakeholder constituency number (‘k’);
(H) municipal district number (‘m’);
(I) inquiry number (‘q’);
(J) security number (‘s’);
(K) court number (‘t’);
(L) team number (‘v’);
(M) title number (‘w’)
(N) equal position number (‘x’);
(O) ranked position number (‘y’).

55. Subsection (10) provides that if the last component is the ranked position number, then that component need not form a registered place number falling in the item if the place is that of a member of a body who cannot appoint or otherwise act through an alternate member. This is to allow for flexibility in relation to the setting out of numbering schemes for places of bodies where some members may be able to act through alternates, while some members will not be able to appoint alternates.

Supplementary components

56. Subsection (11) provides a registered place number may consist of a supplementary component added to the end of the number. Unlike placeholder components, supplementary components are not substituted for numbers. The table in subsection (12) sets out these components, namely:

(A) nominators :(N) – this is added to the end of a number to identify the place of the member of Urabba Parks succeeding to the place, and having the rights to nominate a person (which could include the member themselves) to the place; and
(B) presenters (P) – this is added to the end of a number to identify the place of the member of Urabba Parks who presented the occupant for appointment (which could include the member themselves) to the place.

57. Section 11 contains rules on the succession to places and the appointment of places on the presentation of a member. See notes 82 to 86 for more information on those rules.

Categories of registered places

58. Subsection (13) provides places falling within an item shall fall in a category if the item falls in a category, subject to any conditions expressed in the item. So therefore, a place could be a representative place (category B) subject to conditions, such as the place be electable by a certain kind of members.

59. Subsection (14) sets out the categories of registered places, including:

(A) administrative places (category A)
(B) representative places (category B);
(C) corporate service places (category C);
(D) director places (category D);
(E) employee places (category E);
(F) defence places (category F);
(G) senior management places (category G);
(H) household places (category H);
(I) independent management places (category I);
(J) judicial places (category J);
(K) legal system places (category K);
(L) municipal places (category L);
(M) committee of management places (category M);
(N) entity management places (category N);
(O) law enforcement places (category O);
(P) parliamentary management places (category P);
(Q) inquisitorial places (category Q);
(R) places associated with a jurisdictional divisions (category R);
(S) secretary places (category S);
(T) titular places (category T);
(U) honorary places (category U);
(V) visitatorial places (category V);
(W) independent governance places (category W);
(X) external relations places (category X);
(Y) stakeholder places (category Y);
(Z) assurance places (category Z).

See also

Notes

Judgments

Further reading

External links