Section 97 of the Constitution of Urabba Parks

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Constitution of Urabba Parks
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1: The Parliament 2: The Executive 3: The Judicature 4: Finance and Accountability 5: The Community 6: New Jurisdictions 7: Miscellaneous 8: Alterations to the Constitution 9: Visitations Schedule 1: Oath, affirmation and declaration Schedule 2: Entrenchments
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Commonwealth of Australia Constitution Act

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Section 97 of the Constitution of Urabba Parks provides for the appointment and terms of office of the company auditor.

Compiled text (Section 97 - Audit)

Appointment of company auditors

(1)    The appointment of the auditors of Urabba Parks shall be vested in the Manager‑General in Council.

(2)    An auditor may only be removed:

(a)    by the separate represented members of Urabba Parks as a whole, who shall constitute the relevant members in respect the place of the auditor; or

(b)    by the Manager‑General in Council, on an address agreed to by each House of the Parliament in the same session, praying for such removal on the grounds of proved misbehaviour or incapacity, provided a resolution praying for the removal from office, provided a resolution praying for the removal from office or cessation of the presentation is void if the Visitatorial Commission has not concluded that facts exist that could amount to proved misbehaviour or incapacity such as to warrant the removal of that judicial officer from office, unless there are no Commissioners of the Visitatorial Commission who may act in relation to the matter of the proposed removal.

Fees of auditors

(2)    There shall be payable to the Enactor out of the Consolidated Revenue Fund of Urabba Parks, for the fees of the company auditor, an annual sum which, until the Parliament otherwise provides, shall be $20.

(3)    The remuneration of the auditor shall not be diminished during the appointment without the consent of the auditor.

Enactment information

Status

Proposed

Commencement

Law not made

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
Urabba Parks Proprietary Limited Constitution Statute 2021	No. 1, 2021	5 Mar 2021	5 Mar 2021 (gaz 2021,p. 1)

Amendment history

Provision affected	How affected

Relevant notes from the explanatory memorandum

244. Subsection (1) provides for the mechanism for the appointment of the company auditor by the Manager‑General in Council.  Subsection (2) provides the auditor is not removable except by a resolution of the separate represented members or by the Manager‑General in Council, on an address agreed to by each House of the Parliament in the same session, praying for such removal on the grounds of proved misbehaviour or incapacity, provided a resolution praying for the removal from office, provided a resolution praying for the removal from office or cessation of the presentation is void if the Visitatorial Commission has not concluded that facts exist that could amount to proved misbehaviour or incapacity such as to warrant the removal of that judicial officer from office, unless there are no Commissioners of the Visitatorial Commission who may act in relation to the matter of the proposed removal.  These provisions clarify that Government is responsible for the appointment of the auditor, but also protects the independence of the auditor by placing requirements on their removal.

245. Subsection (2) provides the Parliament may set the remuneration of the company auditor and provides for a default nominal remuneration of $20.  Subsection (3) restricts the power of the Parliament to reduce the auditor’s fees while they are in office.  This provision further ensures the independence of the auditor by clarifying the Parliament’s position in regards to the setting of the auditor’s remuneration.