Section 86 of the Constitution of Urabba Parks
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|Constitution of Urabba Parks|
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|Text of the Constitution|
|Commonwealth of Australia Constitution Act|
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);
- (b) a representative place (category B);
- (c) a senior management places (category G);
- (d) a judicial place (category J);
- (e) a legal system place (category K);
- (f) a campus government place (category L);
- (g) a committee of management place (category M)
- (h) an entity management place (category N);
- (i) a parliamentary management place (category P);
- (j) an independent governance place (category W);
- (k) place associated with those engaged to provide assurance and professional advisory services (category Z).
Limitation of indemnity
(3) 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.
Law not made
|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)|
|Provision affected||How affected|
Relevant notes from the explanatory memorandum
221. 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) – being in categories A, B, G, J, K, L, M, N, P, W and Z, otherwise known as ‘indemnified persons’. 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 (3) 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.
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