Section 98 of the Constitution of Urabba Parks

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Section 98 of the Constitution of Urabba Parks provides the Court of Directors must approve the statement made under subsection 60.5(1) of the Australian Charities and Not-for-profits Commission Act 2012 of the Parliament of the Commonwealth before its adoption by Urabba Parks.

Compiled text (Section 98 - Approval of annual information statements)

(1)    Until the Parliament otherwise provides, the Manager‑General in Council may adopt a statement under subsection 60.5(1) of the Australian Charities and Not-for-profits Commission Act 2012 of the Parliament of the Commonwealth (an annual information statement).

(2)    A law or instrument adopting an annual information statement shall be void and of no effect unless prior to Enactorial Assent being given, or the instrument being made, the Court of Directors has authorised the responsible entities’ declaration under subsection 60.15(1) of the Australian Charities and Not-for-profits Commission Regulation 2013.

(2)    Subsection (2) only applies to an annual information statement if:

(a)    there is a requirement to make a responsible entities’ declaration in relation to the statement; and
(b)    there is at least one Director of the Court when it is adopted.

Enactment information

Status

Proposed

Commencement

Law not made

Entrenchments

Endnotes

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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

246. This section provides that laws and instruments adopting annual information statements required under subsection 60.5(1) of the Australian Charities and Not-for-profits Commission Act 2012 are void and of no effect unless the Court of Directors certifies the responsible entities’ declaration contained therein.  The intention of this section is to allow the judicial directors to effectively discharge their duties as responsible persons and approve the annual information statement before it is adopted by the Parliament or the Manager‑General in Council.

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Notes

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