Section 64 of the Constitution of Urabba Parks
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|Constitution of Urabba Parks|
|Chapters of the Constitution|
|Text of the Constitution|
|Commonwealth of Australia Constitution Act|
Section 64 of the Constitution of Urabba Parks provides for the appointment of Ministers of Corporation.
Compiled text (Section 64 - Ministers of Corporation)
Ministers of Corporation
(1) The Manager‑General may appoint officers to administer such Departments of Corporation of Urabba Parks as the Manager‑General in Council may establish.
Such officers shall hold office during the pleasure of the Manager‑General. They shall be members of the Proprietary Council, and shall be the Enactor’s Ministers of Corporation for Urabba Parks (Ministers).
(2) The office of a Minister shall become vacant if the Minister:
- (a) assumes the administration of the Government of Urabba Parks or exercises the powers or functions of the Manager‑General;
- (b) ceases to be a Proprietary Counsellor who is a:
- (i) legislative director; or
- (ii) director appointed under subsection (3);
- (c) is in receipt of a salary but not entitled to remuneration, and the Minister does not consent to serve as a Minister on an honorary basis beforehand.
Appointment of certain Ministers as directors
(3) A person is appointed a director of Urabba Parks under this subsection if the person occupies a director place (category D) falling in the table in subsection 61(2) for as long as the person occupies the place, subject to subsection (4).
(4) A director holding office under subsection (3) shall cease to hold office as a director of Urabba Parks under that subsection if:
- (a) the person appointed:
- (i) ceases to be a Minister; or
- (ii) becomes a director under any other provision;
- (b) 90 days have elapsed since:
- (i) the director’s appointment under subsection (3); or
- (ii) the return of writs for a general election to the Manager‑General.
Law not made
|Statute or Instrument||Number and year||Assent||Commencement||Application, saving and transitional provisions|
|Urabba Parks Proprietary Limited Constitution Statute 2021||No. 1, 2021||5 Mar 2021||5 Mar 2021 (gaz 2021,p. 1)|
|Provision affected||How affected|
Relevant notes from the explanatory memorandum
179. Subsection (1) provides the Manager‑General may establish Departments of Corporation and appoint persons to administer them (known as Ministers of Corporation, or Ministers). They must be members of the Proprietary Council.
180. Subsection (2) provides a Minister ceases to hold office upon assumption of the Government (to ensure there is a person who is not a Minister who is responsible for the administration of Government), or if they cease to be a legislative director or a person qualified for appointment as a director under subsection (3) (to ensure the principle of responsible government), or if the Minister is receiving a salary but the salary ceases to be an approved benefit (this is to ensure that there is appropriate oversight of ministerial remuneration through the approved benefit system).
181. Subsection (3) provides for the appointment of occupiers of director places (category D) in registration table 2 in subsection 61(2). Item 2.1.d.0.y is a director place for the purposes of appointment under this subsection (see note 176(D)(ii)). Subsection (4) provides the appointment as a director shall cease if the director ceases to be a Minister, becomes a director under another provision, or if 90 days have elapsed since appointment or return of writs for a general election. This is to allow for the appointment of directors persons who are not legislative directors, but who are candidates or persons who just ceased to be legislative directors, for the purpose of appointment as Ministers.
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