Section 86 of the Constitution of Urabba Parks

From Urabba Parks
Jump to navigation Jump to search

Previous Section|Table of Provisions|Next Section


Section 86 of the Constitution of Urabba Parks provides for indemnity of officers.

Compiled text (Section 86 - Indemnity)

(1)    Subject to this Division, Urabba Parks shall indemnify an indemnified person against any liability, loss or expense that:

(a)    is incurred in relation to the powers, functions and duties that attach to the indemnified person in relation to an entity in the of an entity in the legislative group of which Urabba Parks is Head;
(b)    is to a person other than:
(i)    Urabba Parks;
(ii)    an entity having foundation in Urabba Parks;
(iii)    a related body corporate of Urabba Parks or an entity having foundation in Urabba Parks;
(c)    does not arise out of conduct involving a lack of good faith;
(d)    is incurred in the successful outcome of:
(i)    the defence of legal proceedings (criminal or civil); or
(ii)    an application for relief under the Corporations Act 2001 of the Parliament of the Commonwealth; and
(e)    is not a liability, loss or expense for which a person is not entitled to indemnity under law.

Definition of indemnified person

(2)    In this Division, indemnified person includes a person registered or formerly registered as the occupier of the following:

(a)    an administrative place (category A) that:
(i)    is also a titular place (category T); or
(ii)   is also a household place (category H) appointed in the name of the occupier of a category T place, but only where no remuneration is payable in respect of the place from a member of the foundation influence group of which Urabba Parks is Head;
(b)    a representative place (category B) that falls under item 1 of the table in subsection 20(3) or falls in category R;
(c)    a senior management place (category G) that:
(i)    may be held by a person who was a director in the previous 90 days and who upon the cessation of office as a director also occupied a place falling category G, or a candidate in a general election for a representative place (category B) where the writs have not yet been returned;
(ii)    is also a corporate service place (category C), defence place (category F), law enforcement place (category O) or external service place (category X);
also falling under item 2 of the table in subsection 61(2) or falls in category R;
(d)    that falls under item 3 of the table in subsection 70(5) or falls in category R;
(e)    a judicial place (category J) or legal system place (category K) that falls under item 3 of the table in subsection 70(5) or falls in category R;
(f)    a municipal place (category L) that falls under item 6 of the table in section 111;
(g)    a committee of management place (category M):
(i)    removable by the relevant members of Urabba Parks;
(ii)    that is also a category H place; or
(iii)    appointed and removable by the occupier of a place in category A, H or G, or an internal body constituted wholly by persons falling in those categories;
(h)    an entity management place (category N):
(i)    that is also a category H or M place; or
(ii)    appointed and removable by the occupier of a place in category A, H, G, M or N; or
(iii)    appointed an internal body constituted wholly by occupiers of places of categories falling in subparagraph (ii);
(i)    a parliamentary management place (category P) that falls under item 1 of the table in subsection 20(3) or falls in category R;
(j)    an independent governance place (category W) that falls under item 4 of the table in subsection 100(4) or falls in category R;
(k)    an assurance place (category Z) that falls under item 4 of the table in subsection 100(4) or falls in category R.

(3) For the purposes of subsection (1), a place only falls in category R if it also falls in item 5.d of the table in subsection 106(2).

Limitation of indemnity

(4)    A law of Urabba Parks that has the effect of limiting indemnity payable in respect of a person that is lawful (but for the law) shall not be taken to limit such indemnity in relation to acts and omissions before the alteration, except in relation to a person who has voluntarily agreed to the limitation.

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

227. Subsection (1) provides for the indemnity of indemnified persons, (except for losses incurred in relation to a  an entity having foundation in Urabba Parks or related body corporate) of persons registered or formerly registered as an occupier of a place falling in subsection (2) otherwise known as ‘indemnified persons’ being occupiers of:

(A)   an administrative place (category A) that is also a titular place (category T) or is also a household place (category H) appointed in the name of the occupier of a category T place, but only where no remuneration is payable in respect of the place from a member of the foundation influence group of which Urabba Parks is Head;
(B)    a representative place (category B) in item 1 of the table in subsection 20(3) or in category R;
(C)    a senior management place (category G) that may be held by a person who was a director in the previous 90 days and who upon the cessation of office as a director also occupied a place falling category G, or a candidate in a general election for a representative place (category B) where the writs have not yet been returned, or is also in category C, F, O or X that falls under item 2 of the table in subsection 61(2) or falls in category R;
(D)    a judicial place (category J) or legal system place (category K) that falls under item 3 of the table in subsection 70(5) or falls in category R;
(E)     a municipal place (category L) that falls under item 6 of the table in section 111;
(F)   a committee of management place (category M) removable by the relevant members of Urabba Parks, that is also a category H place or appointed and removable by the occupier of a place in category A, H or G, or an internal body constituted wholly by persons falling in those categories;
(G)   an entity management place (category N) that is also a category H or M place, appointed and removable by the occupier of a place in category A, H, G, M or N or appointed an internal body constituted wholly by occupiers of places of those categories;
(H)      a parliamentary management place (category P) that falls under item 1 of the table in subsection 20(3) or falls in category R;
(I)      an independent governance place (category W) that falls under item 4 of the table in subsection 100(4) or falls in category R; and
(J)   place associated with those engaged to provide assurance and professional advisory services (category Z) that falls under item 4 of the table in subsection 100(4) or falls in category R.

Subsection (3) provides that a place only falls in category R if it also falls in item 5.d of the table in subsection 106(2). The indemnity is only given in relation to the powers, functions and duties that attach to the indemnified person in relation to an entity in the of an entity in the legislative group of which Urabba Parks is Head and in the case of a successful outcome in a legal proceeding, or for a successful application for relief an application for relief under the Corporations Act 2001.  Subsection (4) restricts retrospective application of internal laws limiting a person’s lawful right to indemnity.  The intention of this section is to ensure indemnity is provided to persons who are appointed within the system of government, and to safeguard the right of those persons to be lawfully indemnified.

See also

Notes

Judgments

Further reading

External links