Section 8 of the Constitution of Urabba Parks
|This article is part of the series|
|Constitution of Urabba Parks|
|Chapters of the Constitution|
|Text of the Constitution|
|Commonwealth of Australia Constitution Act|
Section 8 of the Constitution of Urabba Parks sets out when a person is taken to enter and be a party to the agreement of jurisdiction, and also its severability (i.e. voiding of its terms). A person becomes a party to the agreement if the person takes up membership of Urabba Parks, becomes a party to a deed or agreement expressly providing for the person to be bound by the agreement or in any circumstance provided in a deed or agreement of which the person is a party or which has effect on the person where the person is liable to be bound by the agreement (in the case of holders of entry passes issues by other non-state jurisdictions).
Compiled text (Section 8 - Entry survival and severance of agreement)
(1) A person is taken to have entered into the agreement of jurisdiction if the person:
- (b) becomes a party to a deed or agreement expressly providing for the person to be bound by the agreement of jurisdiction; or
- (c) in any circumstance provided in a deed or agreement of which the person is a party or which has effect on the person where the person is liable to be bound by the agreement of jurisdiction.
(2) The agreement of jurisdiction:
- (a) shall survive:
- (i) the resignation, cessation or resumption of membership of Urabba Parks by a person;
- (ii) the cessation or termination of any other agreement; and
- (b) is severable to the extent that it provides for arbitration of any matter that under an Australian law or by public policy is to be determined in a forum as determined under an Australian law, including but not limited to a person’s rights under the Corporations Act 2001 of the Parliament of the Commonwealth, but only to that extent.
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
68. This section provides that a person is taken to have entered into the agreement of jurisdiction
- (A) if the person becomes registered as a holder of membership; or
- (B) is a party to a deed or agreement expressly agreeing to the agreement; or
- (C) in a circumstance as provided by a deed or agreement having effect on the person or which the person is a party.
69. The reason for the entering of the agreement of jurisdiction in a circumstance as provided by a deed or agreement having effect on the person or which the person is a party is to provide for the entry into the agreement of jurisdiction by entity pass holders. 70. An entity pass is a document issued by another non-state jurisdiction where the holder is (because of some deed or agreement under which the entity pass is issued) enters the agreement of jurisdiction (or equivalent) of any recognised non-state jurisdiction whenever the person enters the territorial premises of the jurisdiction. 71. This section also provides for the survival of the agreement of jurisdiction despite any change in the person’s status as a member, and provides for limited severance in the case the agreement limits the person’s statutory Australian law rights, such as rights of members under Chapter 2F of the Corporations Act 2001 to bring proceedings against or in the name of companies registered under the Act.
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