Section 4 of the Constitution of Urabba Parks
Section 4 of the Constitution of Urabba Parks sets out the definitions of terms used throughout the Constitution, establishes the registered place system and provides for rules of interpretation. Division 2 of Part 1 of Chapter 1 is entirely comprised of this section.
Compiled text (Section 4 - Definitions)
Note: If an entrenchment item appears immediately after a term defined in subsection (1), then the definition is an entrenched provision reserved for the item: see item D of the table of entrenchment items in section 1 of Schedule 2.
(1) In this Constitution:
|affiliate member||1.1||see item 7.4.0.s of the table in subsection 112(5).|
|agreement of jurisdiction||1.1.1||means the agreement set out in the table in subsection 7(2).|
|alternate judicial director||1.1
|means an alternate director appointed under subsection 70(4).|
|alternate legislative director||2||means an alternate director appointed under subsection 22(1).|
|appropriate remuneration authority||1||means, in relation to an approval of supply benefits:
(a) in the case of a Commissioner of the Visitatorial Commission - each ecclesial entity and entity not able to distribute profits to non-charitable members that is a presenter of a Commissioner of the Visitatorial Commission or of which a member is charged with spiritual functions, provided except in the case of an ecclesial entity an entity only falls in this item if its governing body consists of at least three members not connected entities of each other;
(b) in the case of a member of a campus government entity:
provided the person or any member of the body is not an entity subject to the proposed approval or a connected entity thereof;
provided the Commission or other body consists of at least two members, and does not include among its members any entity who is subject to the proposed approval or a connected entity thereof.
|approved benefit||1||means a benefit that falls in the table in subsection 90(3).|
|association||1.1||means an entity that:
(a) has succession within Urabba Parks; and
(b) is not an entity that represents:
|benefit||1.1||means a benefit, direct or indirect that is money or has a monetary value.|
|campus government entity||1||means an entity formed with succession in Urabba Parks that has powers and functions provided under law to ensure the peace, order and good government of Urabba Parks in a municipal district.|
|charitable benefit||1||(a) means a public benefit as defined in section 6 of the Charities Act 2013 or to charities; and
(b) without limiting paragraph (a), includes:
|charity distribution||1||includes the following:
(a) an application of property to an eligible charity nominated by a member of Urabba Parks;
(b) a credit of property to a giving account held by the member;
(c) a credit of property to a giving pool to which membership is attached;
(d) paid up membership of Urabba Parks (other than service membership).
|company||1.1||means a person that is not an individual.|
|means, in relation to a particular matter arising under the law of Urabba Parks, a body of the judicial group of which Urabba Parks is a member having jurisdiction in the particular matter.|
|connected entity||1||includes the following in relation to an entity (in this definition called the first-mentioned entity):
(a) an entity with control, joint control or significant influence on the first-mentioned entity;
(b) a close member of the family of the first-mentioned entity within the meaning of paragraph 9 of AASB 124 Related Party Disclosures or entity falling in paragraph (a);
(c) an entity of which the first-mentioned entity or entity falling in paragraph (a) or (b) has foundation;
(d) an entity of which the first-mentioned entity or entity falling in a previous paragraph has control joint control or significant influence;
(e) an entity who:
(f) an entity provided as being a connected entity of the first-mentioned entity under law.
|Corporate Revenue Fund||1.1||means the Fund that is constituted under section 81.|
|eans a warrant that allows for Urabba Parks to sell membership forfeited as a result of a default on a pledge or as attorney for the member so holding that is made or authorised by an expulsion order.|
|editorial change||1.1.1||(a) means a change to a law or proposed law:
(b) includes an editorial change as defined in section 15X of the Legislation Act 2003, if subsection (3) of that section applied to laws and instruments made by any entity (including Urabba Parks).
(a) a charity having similar purposes to Urabba Parks;
(b) a government entity (as defined by section 4 of the Charities Act 2013) that is able to receive the surplus assets of Urabba Parks upon winding-up on the basis the government entity would be a charity if it were not a government entity; and
(c) an entity formed within Urabba Parks;
but does not include an entity excluded under law.
|entrenched matter||1.1.1||means any act by Urabba Parks that falls within an entrenchment item.|
|entrenched provision||1.1.1||means a law of Urabba Parks that falls within an entrenchment item.|
|entrenching item||1.1.1||means an entrenchment item that begins with a letter.|
|entrenchment item||1.1.1||means an item provided in the table in section 1 of Schedule II.|
|exempt benefit||1||includes the following benefits:
(a) a public benefit as defined in section 6 of the Charities Act 2013;
(b) purchase of property or services on arm’s length terms, or at a discount, where such discount is an exempt benefit by virtue of any other paragraph of this definition;
(c) the granting of membership in an eligible charity:
(d) charity distributions a giving account or giving pool;
(e) redeemable or repayable financial instruments issued for consideration of the amount paid up on its principal;
(f) lawful indemnity and insurance benefits given under subsection 86(1);
(g) the provision of services to an entity in relation to the duties of the entity in regards to the control group of which Urabba Parks is Head including the following:
(v) any other expense beneficial to the conduct of the business of Urabba Parks that may reasonably be regarded as analogous to, or within the spirit of, any of the kinds of expenses mentioned in subparagraphs (i) to (iii);
(h) a reimbursement for expenses falling in paragraph (g);
(i) an allowance payable to the recipient of an approved benefit for the purposes of expenses falling in paragraph (g).
|means an order (however described):
(a) made by a judicial body as a result of:
(b) that permits a disposal warrant to be issued; and
(c) prevents the person from acquiring membership in Urabba Parks for consideration.
|Fellow of Urabba Parks||1.1||see item 7.7.w of the table in subsection 112(5).|
|full member||1.1||see item 7.1.0.s of the table in subsection 112(5).|
|general member||1||see item 7.5.0.s of the table in subsection 112(5).|
|gift fund||1||means a gift fund maintained under section 30.130 of the Income Tax Assessment Act 1997 (ITAA97):
(a) that is credited with the following:
(b) which does not receive any property not falling in paragraph (b); and
(c) that is applied for the purposes of the gift fund.
|giving account||1.1||means an account:
(a) subject to the law of Urabba Parks; and
(b) that may only be applied for the purpose of:
|giving pool||1.1||means a giving account held by or for a granting entity.|
|giving purposes||1.1||means an application of property to any of the following:
(a) an eligible charity;
(b) a giving account;
(c) a giving pool.
|granting entity||1||includes the following:
(a) the Executive Government of Urabba Parks or a jurisdictional division;
(b) a campus government entity;
(c) an association;
(d) the member, but only in the case of membership attached to property (and for the purposes of this section property does not include cash).
|holder of membership||1.1||includes a person who is:
(a) a member; or
(b) holding membership jointly with others.
|Honorary Director||1||means a director appointed under subsection 17(1).|
|Honorary Manager||1.1||means an occupier of a registered place commencing with ‘1.0’ that is an administrative place (category A).|
|affiliate member||1.1||see item 7.4.0.s of the table in subsection 112(5).|
|indemnified person||1||see subsection 86(2).|
|interest-bearing membership||1.1||see item 7.2.2.s of the table in subsection 112(5).|
|internal body||1.1.1||means a body formed under the law of Urabba Parks.|
|internal proceeding||1.1.1||means a proceeding of a internal body.|
|investigating panel||3||means, in relation to a conclusion of facts that could amount to proved misbehaviour or incapacity such as to warrant the removal a member of a judicial body from office, a body:
(a) appointed and referred to by:
(b) consisting of at least:
|means a director appointed under subsection 70(1).|
|legislative director||1.1||means a director appointed under subsection 21(1).|
|Manager||1.1||means the Manager for the time being of an entity formed within Urabba Parks, or other chief executive officer or corporate administrator of the entity.|
|Manager‑General in Council||1||see section 63.|
|Manager‑General||1||includes an Honorary Manager present on the premises or at the proceedings of Urabba Parks, the Manager‑General for the time being and such person as the Enactor may appoint to administer the Government of Urabba Parks; but no such person shall be entitled to receive any salary from Urabba Parks in respect of any other office during the person’s administration of the Government of Urabba Parks (and for the purpose of this definition, salary does not include a presentation fee).|
|member by residence||1||means, in relation to a jurisdictional division or municipal district, a member of the jurisdictional division or municipal district based:
(a) on the street address of the member in the register of members, if the address is occupied by the member; or
(b) if the address in the register is not a street address occupied by the member – a statement appearing in the register of members that the member, or a person appointed by the member, resides or conducts business in the jurisdictional division or municipal district.
|membership structure item||2||includes:
(a) the authorisation original grant of the following (with each subparagraph being a separate membership structure item):
for the purposes of this paragraph, membership is convertible if the membership is of a class that may be converted under the law dealing with matters falling within this paragraph without the enactment of a law dealing with matters falling in paragraph (b);
(b) the conversion (other than under the law governing the original grant) of the following (with each subparagraph being a separate membership structure item)
|original grant of membership||1.1||means a grant of membership or interest in membership by way of allotment or agreement to allot.|
(a) a deliberative component of the legislature;
(b) the components of the legislature together;
(c) a committee of a deliberative component; and
(d) a joint committee of the deliberative components.
|parliamentary proceeding||1.1||means a proceeding of a parliamentary body.|
|Partner of Urabba Parks||1.1||see item 7.8.w of the table in subsection 112(5).|
|patron member||1.1||see item 7.3.0.s of the table in subsection 112(5).|
|personal information||1||has the same meaning as in section 6 of the Privacy Act 1988.|
|placeholder component||1.1||means, in relation to a registration item, a character forming part of the item.
Note: The table of placeholder components is in subsection (6).
|preferential membership||1.1||includes patron membership and service membership.|
|proceeding||1.1.1||includes the following in relation to a body:
(a) an election;
(b) a referendum;
(c) a meeting;
(d) a circular resolution;
(e) a resolution of a sole voting member;
(f) an agreement or recorded vote (however made or taken) of the members of the body;
(g) anything done by the body binding on the body, or of which is declared by the body to be a proceeding of the body.
|Proprietary Council||1||means Mister Enactor’s Most Helpful Proprietary Council for Urabba Parks.|
|public fund||1||means a gift fund endorsed under Division 30 of the Income Tax Assessment Act 1997 as a public fund.|
|registered place||1.1||means a place with a registered place number, being a number that is or falls under a registration item with each item in such table being a, except for an item that:
(a) is that of a body;
(b) contains any placeholder components; or
(c) ends with a zero (‘0’).
|registration item||1.1||means a body or place in a law or instrument:
(a) provided as a registration item in this Constitution; or
(b) that falls under an item in paragraph (a).
|represented member||2||includes the following:
(a) a general member;
(b) a member eligible to succeed, present or elect to a representative place (category B).
|revenue item||2||includes the imposition of the following (with each paragraph being a separate revenue item):
(a) an income levy;
(b) a levy on any supply made by an entity;
(c) any levy on purchases from an entity outside Urabba Parks;
(d) any levy on the creation or addition to the value of inventory;
(e) membership fees payable to the Executive Government;
(f) transfer fees or transfer levies on any securities (including membership);
(g) fees to register or remain registered on an electoral roll used for a internal proceeding.
|separate member||1.1.1||means, in respect of a group of members entitled to vote on a particular question at a internal proceeding, such a member who:
(a) is not in the same control group as another member; or
(b) is in the same control group as another member and:
|service member||1.1||see item 7.2.0.s of the table in subsection 112(5).|
|shared judicial oversight board||3||means a body having functions under the law of multiple non-state jurisdictions in respect of referrals of alleged misbehaviour or incapacity of a class of officers exercising judicial power, but for the purposes of this definition such a body may only have the power to appoint an investigating panel if the body consists of at least:
(a) one member who is or has been in a class of officers exercising the judicial power of a jurisdiction for which referrals of alleged misbehaviour or incapacity may be referred by the body; and
(b) one member who has never occupied a place falling in paragraph (a).
|special provision||1.1.1||means a law that may only be amended or repealed by a special resolution.|
|supplemental grant of membership||1.1||means a grant of membership that is not an original grant of membership and includes a transfer or transmission.|
|supply benefit||1.1||means a benefit that is made for any consideration, in whole or in part, and includes a supply benefit that is also a charitable benefit.|
|House of Ordinaries||2.1||means the House of Parliament constituted under section 24.|
|Tribunal of Association or Tribunal||3||means the Corporate Supreme Body of Judicature established under section 71.|
|vacant in the whole||1.1||means, in relation to a body that is a deliberative component of the legislature, no places have been provided under law as having membership of the deliberative component, or in respect of each place provided:
(a) chosen by election – no members of Urabba Parks are eligible vote in an election for the place or those members so eligible all agree not to be represented on the body in respect of the place;
(b) chosen by succession – the place is vacant, reverted to the appointor or no members of Urabba Parks are eligible succeed to the place;
(c) chosen upon presentation – the place is vacant or no members of Urabba Parks are eligible to present for appointment to the place;
(d) in the case of a place not falling in paragraphs (a) to (c) – the place is vacant;
(e) the place is occupied by a person not eligible for appointment as a director in respect of the person’s membership of body; or
(f) is occupied by a person who is eligible to sit in the body and 30 days (unless a longer period has been provided under law) commencing on the day the person became eligible to become a member in respect of the place; and
for the purposes of this definition, a person becomes eligible to be appointed a member of a body from the point they become a person who is both recognised (for the purposes of the law applicable to membership of the body) as occupying a place that has membership of the body, and eligible to become a director in respect of their membership of the body.
|visitatorial matter||1||includes the following:
(a) an investigation into the conduct, capacity or reasonableness of grounds of removal of the occupier of:
(b) a matter that which a report may be made under subsection 132(1);
(c) a matter causing or caused by matters falling in paragraphs (a) or (b);
(d) the construction of laws that:
(e) matters incidental to matters falling in paragraphs (a) to (d);
(f) matters the Enactor declares as being visitatorial matter.
|Visitatorial Commission||1||means the Visitatorial Commission of Urabba Parks established under section 101.|
|visiting membership||1||means membership eligible to present a person for appointment as Commissioner of the Visitatorial Commission.|
Rules relating to registered places
(2) Each component of a registration item is separated by a full stop.
(3) Any description, qualification or category applying to a registration item applies to each entity, body or place with a registered place number:
- (a) that may be provided by substitution for a placeholder component in the item by a number other than zero (‘0’); or
- (b) beginning with the item or an item falling in paragraph (a);
and each entity, body or place to which the descriptions, qualifications and categories of a registration item apply by virtue of this subsection is taken to fall under the item.
(4) Items in a registration table are appropriately positioned by component, and each component shall be ordered as follows:
- (a) components with the value zero (‘0’);
- (b) placeholders other than the ranked position number (placeholder component ‘y’);
- (c) numbers;
- (d) placeholder component ‘y’;
- (e) supplementary components.
(5) A component of a registration item may be separated into subcomponents with a semicolon (:).
(6) This table sets out the placeholder components:
|Item||Description of component|
|d||Jurisdictional division number|
|h||Foundational seniority number|
|k||Stakeholder constituency number|
|m||Municipal district number|
|x||Equal position number|
|y||Ranked position number|
(7) If the last component of a registration item is the placeholder of a ranked position number (placeholder component y), the component need not form a registered place number falling in the item if the place is that of a member of a body who cannot appoint or otherwise act through an alternate member.
(8) A registered place number may consist of a supplementary component added to the end of the number.
(9) This table sets out supplementary components:
|Item||Description of component|
Categories of registered places
(10) A registered place shall fall within a category:
- (a) if the place is or falls under a registration item where an item in the table in subsection (11); and
- (b) subject to any conditions expressed in the registration item falling in paragraph (a).
(11) This table sets out the categories of registered places:
|C||Corporate service place|
|F||Defensive service place|
|G||Senior management place|
|I||Independent management place|
|K||Legal system place|
|L||Campus government place|
|M||Committee of management place|
|N||Entity management place|
|O||Law enforcement place|
|P||Parliamentary management place|
|R||Place associated with a jurisdictional division|
|U||Place related to honours and awards granted by the Enactor|
|W||Independent governance place|
|X||External relations place|
Groups of entities
(12) This table sets out the groups of entities defined by the existence of a constitutional relationship in Column 1 and an economic relationship in the other columns.
Nature of constitutional relationship
Entities with constitutional relationship with the head entity
Entities controlled by the head entity or entities with constitutional relationship with the head entity
Entities controlled or significantly influenced by the head entity or entities with constitutional relationship with the head entity
|1||None||control group||influence group|
|2||Foundation||foundation group||foundation control group||foundation influence group|
|3||Judicial||judicial group||judicial control group||judicial influence group|
|4||Legislative||legislative group||legislative control group||legislative influence group|
(13) For the avoidance of doubt:
- (a) the head of a group falling in subsection (12) is also a member of a group; and
- (b) in the case of entities having joint control over other entities, each entity having joint control is taken to be a member of a control group formed by such entities and the other entities controlled jointly by such entities.
Rules of interpretation
In the absence of any provision in this Constitution defining a word or term or law of interpretation to the contrary, this Constitution is to be interpreted as if the Acts Interpretation Act 1901 as in force on the establishment of jurisdiction applied to this Constitution.
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
35. Subsection (1) provides for definitions for terms commonly used throughout this Constitution. Many definitions in this subsection are labelled with an entrenchment item number immediately after the defined term; the effect of this is to make the definition an entrenched provision (see note 42(A) for more information about entrenched provisions).
45. Subsection (1) also defines the concept of a registered place; the registered place system allows for better control over the organisational structure of Urabba Parks. A registered place is a place with a registered place number that is or falls within a registration item provided in this Constitution. Each item number consists of a number of components which are separated by a full stop (see subsection (2)). A registration item that contains placeholder components or has as its last component a zero is not a definite place.
46. The concept is embodied in subsection (3), which applies the description, qualifications and categories of places falling in an item. An item falls within another item if the item begins with the other item, or is formed by the substitution of placeholder characters in the other item except by zero (‘0’) (see note 48). The intention of placeholder characters is to have descriptions and qualifications of places items in registration tables applying to numerous places falling within the item.
47. Subsection (4) provides for the appropriate positioning of items in registration tables by component, and for components to be positioned (sorted) starting with zero, then placeholders other than the ranked position number (placeholder component ‘y’), numbers, the placeholder component ‘y’ and then by supplementary components. The purpose of this provision is to reflect the system of grouping of places by component established above.
48. In the case of an item having one or more of its components a zero (‘0’), such item is to be referred to as meaning the leadership of the collective body of places, bodies or entities having numbers in the component. This is reflected in the fact that places ending in ‘0.y’ generally refer to the presiding officer of a body or a team leader.
49. Subsection (5) provides a component may be separated into subcomponents by the use of a semicolon (:). This is to allow for a component to be split to allow for bodies falling within bodies while still maintaining the consistency of the numbering structure established by the aforementioned provisions.
51. Subsection (7) provides that if the last component is the ranked position number, then that component need not form a registered place number falling in the item if the place is that of a member of a body who cannot appoint or otherwise act through an alternate member. This is to allow for flexibility in relation to the setting out of numbering schemes for places of bodies where some members may be able to act through alternates, while some members will not be able to appoint alternates.
54. Subsection (10) provides places falling within an item shall fall in a category if the item falls in a category, subject to any conditions expressed in the item. So therefore, a place could be a representative place (category B) subject to conditions, such as the place be electable by a certain kind of members.
56. Subsection (12) defines groups of entities based on their constitutional and economic relationship:
- (A) the kinds of constitutional relationship described are:
- (i) foundational – a foundational group is a group formed by an entity and other entities under its foundation;
- (ii) judicial – a judicial group is a group formed by an entity and other entities where decisions may be appealed to the entity;
- (iii) legislative – a legislative group is formed by an entity and other entities of which the entity has legislative power;
- (B) the kinds of economic relationship described are:
- (i) control – a control group is a group formed by an entity and other entities under its control;
- (ii) significant influence – an influence group is a group formed by an entity and other entities under its control or of which the entity has significant influence.
- and for the avoidance of doubt, the head of a group is also a member of a group, and in the case of entities having joint control over other entities, each entity having joint control is taken to be a member of a control group formed by such entities and the other entities controlled jointly by such entities.
57. It is possible to define groups based on both on a constitutional relationship and extend that group to entities which have an economic relationship with the entities of which there is a constitutional relationship. For example, a ‘legislative control group’ includes a legislative group as well as entities that are controlled by entities in the legislative group. 59. Subsection (14) provides that this Constitution is to be interpreted as if the Acts Interpretation Act 1901 as in force on the establishment of jurisdiction. The intention of this provision provides clarity around how the rules of interpretation, eliminating further recitals of standard rules of interpretation in this Constitution.
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