Constitution of Urabba Parks/Outline
Outline of the Urabba Parks Proprietary Limited Constitution Bill 2021[edit | edit source]
This Bill consists of a Preamble, 9 clauses and the proposed Constitution of Urabba Parks Proprietary Limited Australian Company Number 159 318 859 (‘Urabba Parks’), a not-for-profit proprietary company incorporated in Victoria under the Corporations Act 2001 of the Parliament of the Commonwealth. The Preamble sets out the intentions of the Founder to honour God and his The 9 covering clauses provides for the commencement of the new Constitution on the ‘establishment of jurisdiction,’ names the Enactor as the successor of the Founder, defines the terms ‘region’ and ‘Urabba Street Reserve,’ and declares the effect of existing laws and membership rights upon the establishment of jurisdiction.
The Constitution as set out in this Bill draws inspiration from the Constitution of the Commonwealth. Chapter 1 establishes the Corporate Parliament to legislate for the internal management of Urabba Parks and its constituent entities including jurisdictional divisions, campus government entities and associations. Chapter 2 establishes the Executive Government to administers the internal law and is responsible to the legislature, operates agencies that provide services to entities, whether it is for compliance monitoring in relation to responsibilities of entities under Australian laws, or marketing, operational and administrative support. And should the legality of any act done, whether by the Executive Government or by an entity, is called into question, the matter can be arbitrated by a judicature the independence of which is guaranteed by Chapter 3.
Nothing in this Bill is intended to derogate from the continuance of Urabba Parks as a registered charity under the Australian Charities and Not-for-profits Commission Act 2012 of the Parliament of the Commonwealth. The Constitution establishes safeguards over the resources of Urabba Parks to ensure they are applied towards the furtherance of its charitable purposes, including contained in Chapter 4 including restrictions on the distribution on surplus funds on winding-up, a system of charity distributions to eligible charities chosen by members of Urabba Parks, an approved benefits regime and an independent governance service. The approved benefits regime allows for the payment of officers and related parties of Urabba Parks but with such remuneration not being higher than that determined by a body in the independent governance service. Headed by the Visitatorial Commission, the independent governance service conducts internal audits, elections for office holders, Commissions of Inquiry and determines remuneration.
Chapter 5 establishes the system of jurisdictional divisions, outlines the structure of campus government entities, and provides some basic rules around membership of Urabba Parks, whilst Chapter 6 provides for procedures for the alteration of the territorial limits of jurisdictional divisions. Chapter 7 provides for some miscellaneous matters such as the Seat of Government, Chapter 8 provides for a mechanism known as a referendum to alter this Constitution and authorise entrenched matters. Chapter 9 establishes a system of review of the legislative performance of the Parliament in relation to its responsibilities as the principal governing body of a registered charity and under the Urabba Parks Bill of Rights contained in Part 2 of Chapter 9. Schedule 1 sets out the oath, affirmation and declaration of responsibility, while Schedule 2 contains the table of entrenchments and conditions of inclusion of laws and other acts therein.