Constitution of Urabba Parks/Section 106

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Chapter 5 >>Part 1 >>Division 1 >>Section 106

Jurisdictional divisions[edit | edit source]

Saving of divisional governing documents[edit | edit source]

(1)  The governing document of each jurisdictional division of Urabba Parks shall, subject to this Constitution, continue as at the establishment of jurisdiction of Urabba Parks, or as at the admission or establishment of the jurisdictional division, as the case may be, until altered in accordance with the governing document of the jurisdictional division.

Divisional places[edit | edit source]

(2)  This table sets out registration items:

Registration table 5—Divisional places
Item Description of place Relevant members Category
5 The jurisdictional divisions of Urabba Parks
5.0 Statistical place associated with jurisdictional divisions, with the equal position number (placeholder component x) being allocated in the order of number of members by residence of the jurisdictional division based on the latest statistics of Urabba Parks
5.0.1.x.y Manger of a jurisdictional division or person administering the Government of a jurisdictional division
5.0.2.x.y Head of government of a jurisdictional division or deputy
5.0.3.x.y Chief Judicial Officer of a jurisdictional division or deputy
5.d Jurisdictional division of Urabba Parks R*

A place only falls in an asterisked category if the place

(a) established by or under the Constitution or law of the jurisdictional division; or
(b) is that of a member of the jurisdictional division
5.d.0.0.0.y Commissary for a jurisdictional division or Deputy, being a Commissioner of the Visitatorial Commission of Urabba Parks
5.d.1 Parliamentary place of a jurisdictional division
5.d.1.1.1 Place associated with the administration of the Government of a jurisdictional division or appointed by the Manager on the advice of the Executive Council
5.d.1.1.1.1 The Manager of a jurisdictional division A
5.d.1.1.1.2 Person administrating the Government of a jurisdictional division, being the occupant of an administrative place (category A)
5.d.1.1.1.3.0.y Person who holds a commission to administer the Government of a jurisdictional division in any particular circumstance (a dormant commission), being the occupant of an administrative place (category A)
5.d.1.1.1.3.x Deputy of the Manager of a jurisdictional division, being the occupant of an administrative place (category A)
5.d.1.1.2.0.1 The Honorary Treasurer of a jurisdictional division, being a director appointed at the Manager’s pleasure
5.d.1.1.2.x Warden of Mister Enactor’s Treasury of a jurisdictional division, being a director appointed at the Manager’s pleasure
5.d.1.1.3.t.a The Chief Judicial Officer of a jurisdictional division or Deputy, being a member directly appointed to a judicial body of the jurisdictional division
5.d.1.2.b.0.y Officer of a parliamentary body being:
(a) an officer of a parliamentary body, being appointed by and from the members of the body; or
(b) a person who is taken to hold an office falling in paragraph (a), despite resignation from the office or having ceased to be a member of the body, where the body has not since met or a new occupant of the place has not otherwise been appointed
P
5.d.1.2.b.a.y Member or alternate member of a parliamentary body of a jurisdictional division (the legislature), who in the case of a deliberative component of the legislature occupies a representative place (category B) falling in this table The relevant member for the place falling in category B
5.d.1.3 The parliamentary service of a jurisdictional division P
5.d.1.3.0.y Clerk of the legislature of a jurisdictional division or deputy
5.d.1.3.e Department of the legislature of a jurisdictional division
5.d.1.3.e.0.0.y Head of a department of the legislature of a jurisdictional division or deputy S
5.d.1.3.e.v.0.y Team leader of a department of the legislature of a jurisdictional division, holding a place falling in item 5.d.1.3.e.v.g.x in respect of the team
5.d.1.3.e.v.g.x Team member of a Department of the Parliament E
5.d.1.4.0.x Representative ordinarily elected by ordinary members holding ordinary membership granted by a jurisdictional division and not allocated to an electoral division Members falling in item 5.d.7 of this table also falling in item 7.0.8 of the table in subsection 112(5)
5.d.1.4.k.x Representative ordinarily elected by ordinary members holding ordinary membership granted by a jurisdictional division and not allocated to an electoral division Members falling in item 5.d.7 of this table also falling in item 7.0.8 of the table in subsection 112(5) allocated to the electoral division by which the place is elected B*

This place is only a representative place for the purposes of membership of a House of the Parliament if there are no members of the House falling in item 5.d.1.4.0.x in respect of the jurisdictional division.

5.d.1.5.x Person officially charged with spiritual functions by a religious institution who holds or has held on its behalf visitational membership The visitational member B
5.d.1.6.w.y Holder of a succeeding title of a jurisdictional division or nominee The members eligible to succeed to the title B*, T**

A place only falls in a single-asterisked category if it also falls in a double-asterisked category

5.d.1.6.w.N Successor to a place created by the Enactor appointed upon presentation by a member falling in both item 5.d.7 of this table and item 7.8.w.0.N of the table in subsection 112(5)
5.d.1.7.w.y Holder of a presenting title of a jurisdictional division or nominee The presenter of the holder B*, T**

A place only falls in a single-asterisked category if it also falls in a double-asterisked category

5.d.1.7.w.P Presenter of a person appointed to a place created by the Enactor falling in both item 5.d.7 of this table and item 7.7.w.s.P of the table in subsection 112(5)
5.d.1.8.0.x.y Stakeholder representative ordinarily elected by:
(a) stakeholder constituencies in a jurisdictional division;
(b)  the council of consultative bodies of the legislature of a jurisdictional division;
(c) a consultative body of the legislature
The members of the stakeholder constituency, and in the case of an election by Council of Consultative Bodies of the Parliament or a consultative body of the Parliament, the relevant members of each member of the body B
5.d.1.8.x Member of a stakeholder constituency in a jurisdictional division, being a separate member of a class of membership of Urabba Parks granted by the jurisdictional division, or a member by residence of the jurisdictional division or a municipal district in the jurisdictional division provided under law as being allocated or having rights to present to a stakeholder place (category Y), or a person presented by such a member, who also meets any further qualifications as provided under law
5.d.1.9.0 Council of consultative bodies of the legislature of a jurisdictional division
5.d.1.9.0.0.y President of the council of consultative bodies of the legislature of a jurisdictional division
5.d.1.9.0.b.y Member of the council of consultative bodies of the legislature of a jurisdictional division, being appointed by each consultative body The relevant members of each member of the consultative body
5.d.1.9.b Consultative body of the legislature of a jurisdictional division
5.d.1.9.b.0.y Senior member of a consultative body of the legislature of a jurisdictional division
5.d.1.9.b.x.y Member of a consultative body of the legislature of a jurisdictional division, being elected or appointed from a stakeholder constituency The members or presenters of the members of the stakeholder constituency from which the member is elected or appointed
5.d.2 The Executive Government of a jurisdictional division C, E*, G*, I*, O

A place only falls in an asterisked category if the place is that of a Minister of Corporation for the jurisdictional division or is of category C or O

5.d.3 The judicature of a jurisdictional division A**, E***, J*, K*, W*

A place only falls in a single-asterisked category if the place:

(a) is a category J place that may only be occupied by a person occupying a place falling under item 3 of the table in subsection 70(5) and is appointed on the presentation of a member falling in item 5.d.9 of this table; or
(b) is a category K place that may only be occupied by a person occupying a place falling under item 3 of the table in subsection 70(5); or
(c)  is a category W place that may only be occupied by a person occupying a place falling under item 4 of the table in section 100(4)

A place only falls in a double-asterisked category if the place also falls in category J

A place only falls in a triple-asterisked category if the place is associated with the administration of a tribunal formed in the jurisdictional division

5.d.4 The independent governance service of a jurisdictional division E*, Q**, W**, V**, Z***

A place only falls in a single-asterisked category if the place is associated with the administration of an entity of the independent governance service of the jurisdictional division

A place only falls in a double-asterisked category if the place:

(a) is appointed on the presentation of a visitatorial member falling in item 5.d.6 or member falling in item 5.d.9; or
(b) may only be held by a person occupying a place falling under item 4 of the table in section 100(4)

A place only falls in a triple-asterisked category if it is held by a person or firm engaged to provide assurance on the financial statements of Urabba Parks or a related service to the delivery of such assurance, or a principal or professional employee of the person or firm

5.d.5 Member by residence of a jurisdictional division Y
5.d.6 Member of Urabba Parks holding ordinary membership of a class granted in the jurisdictional division or attached to property in the jurisdictional division Y
5.d.7 Member of Urabba Parks holding ordinary membership of a class granted in the jurisdictional division Y
5.d.8 Member of Urabba Parks holding patron membership of a class granted in a jurisdictional division Y
5.d.9 Member of Urabba Parks holding service membership of a class granted in a jurisdictional division Y
5.d.10 Member of Urabba Parks holding affiliate membership of a class granted in a jurisdictional division Y
5.d.11 Place occupied by a member falling in item 5.d.5, 5.d.6, 5.d.7, 5.d.8, 5.d.9 or 5.d.10 in respect of the jurisdictional division, or succeeded or presented to by such a member Y

 

Relevant notes from the Explanatory Memorandum[edit | edit source]

269. This section intends to set out the basic structure of a jurisdictional division of Urabba Parks. Under subsection (1), based on section 106 of the Australian Constitution, provides that the governing document of each jurisdictional division of Urabba Parks shall, subject to this Constitution, continue as at the establishment of jurisdiction of Urabba Parks, or as at the admission or establishment of the jurisdictional division, as the case may be, until altered in accordance with the jurisdictional division’s governing document.

270. Subsection (2) includes registration table 5, which sets out places in the jurisdictional divisions of Urabba Parks (item 5) (jurisdictional division places). The placeholder character ‘d’ is substituted for the jurisdiction number. Places listed include:

(A) statistical places associated with jurisdictional divisions (item 5.0) Managers, heads of management and Chief Judicial Officers, with the equal position number (placeholder component x) based on numbers of members by residence (items 5.0.1.x and 5.0.2.x) – these places are used to determine the order of precedence;
(B) jurisdictional divisions and places associated with members of jurisdictional divisions (item 5.d) – a place falling in this item is only a place related to a jurisdictional division (category R) if the place is established by or under the Constitution or law of the jurisdictional division or is that of a member of the jurisdictional division, and no place that falls in this table shall fall in a category other than category R unless the place falls in that category by or under the Constitution or law of the jurisdictional division;
(C) Commissaries (item 5.d.0.0.0.y);
(D) parliamentary places of a jurisdictional division (item 5.d.1);
(E) places associated with the administration of the Government of a jurisdictional division or appointed by the Manager on the advice of the Executive Council (item 5.d.1.1.1), including the Manager (item 5.d.1.1.1.1) (which is a category A place), as well as Administrator of the Government (item 5.d.1.1.1.2), holders of dormant commissions (item 5.d.1.1.1.3.0.y) and deputies to the Manger (item 5.d.1.1.1.3.x) (who must also occupy a category A place);
(F) officers of a parliamentary body (item 5.d.1.2.b.0.y) – places falling in this item are in category P;
(G) parliamentary memberships (item 5.d.1.b.a.y) – each parliamentary membership must be held by virtue of holding a representative place (category B);
(H) the parliamentary service (item 5.d.1.3) (with items falling under this item falling in category P), including the clerk of the legislature (item 5.d.1.3.0.y), departments of the legislature (item 5.d.1.3.e.0), heads of departments (item 5.d.1.3.e.0.0.y) (being category S places), team leaders (item 5.d.1.3.e.v.0.y) and personnel (item 5.d.1.3.e.v.g.x) – the places of personnel are in category E ;
(I) representatives of ordinary members not allocated to an electoral division (item 5.d.1.4.0.x) and for those allocated to an electoral division (item 5.d.1.4.k.x) – places falling in these items are category B and are electable by ordinary members of the jurisdictional division falling in item 5.d.7 of this table also falling in item 7.0.8 of the table in subsection 112(5) (represented members, see note 279(F));
(J) persons officially charged with spiritual functions by a religious institution who holds or has held on its behalf visitational membership (item 5.d.1.5.x) – places falling in this item are category B
(K) holders of succeeding titles of a jurisdictional division and nominees (item 5.d.1.6.w.y), which are of categories B and T, and nominators, being members falling in both item 5.d.7 of this table and item 7.8.w.0.N of the table in subsection 112(5) (item 5.d.1.6.w.N);
(L) holders of presenting titles of a jurisdictional division and nominees (item 5.d.1.7.w.y), which are of categories B and T, and presenters, falling in both item 5.d.7 of this table and item 7.7.w.s.P of the table in subsection 112(5) (item 5.d.1.7.w.P);
(M) stakeholder representatives (item 5.d.1.8.0.x.y), being occupants of category B places elected by members of stakeholder constituencies being a separate member of a class of membership of Urabba Parks granted by the jurisdictional division, or a member by residence of the jurisdictional division or a municipal district in the jurisdictional division, or the council of consultative bodies or a consultative body (item 5.d.1.8.x) – a member of the constituency must be from a stakeholder place of a member by residence of the jurisdictional division or a municipal area in the jurisdictional division, or hold a class of membership granted by a jurisdictional division that is a stakeholder place (category Y) and meet any further qualifications provided under law;
(N) the council of consultative bodies of the legislature of a jurisdictional division (item 5.d.1.9.0) including its president (item 5.d.1.9.0.0.y) and members (item 5.d.1.9.0.b.y), a consultative body of the legislature of a jurisdictional division (item 5.d.1.9.b), its senior members (item 5.d.1.9.b.0.y) and members (item 5.d.1.9.b.x.y);
(O) the Executive Government of a jurisdictional division (item 5.d.2) – a place in this item falls in category E if the place a Minister of Corporation for the jurisdictional division or is of the categories C or O;
(P) the judicature of a jurisdictional division (item 5.d.3) – a place in this item falls in:
(i) category J if the place may only be occupied by a person occupying a place falling under item 3 of the table in subsection 70(5) (see note 193) and is appointed on the presentation of a member falling in item 5.d.9 of this table;
(ii) category K if the place may be occupied by the occupier of a place falling in item 3 of the table in subsection 70(5);
(iii) category W if the place may only be occupied by a person occupying a place falling under item 4 of of the table in section 100(4) (see note 254);
(iv) category A if the place also falls in category J; and
(v) is a category E place if the place is associated with the administration of a tribunal formed in the jurisdictional division;
(Q) the independent governance service of a jurisdictional division (item 5.d.4) – these places can be in category E if associated with the administration of an entity of the independent governance service of the jurisdictional division, and only fall in categories Q, W, V if appointed on the presentation of a visitatorial member falling in item 5.d.6 or item 5.d.9 or may only be held by a person occupying a place falling in item 4 of the table in section 100(4), and falls in category Z if it is held by a person or firm engaged to provide assurance on the financial statements of Urabba Parks or a related service to the delivery of such assurance, or a principal or professional employee of the person or firm;
(R) members by residence (item 5.d.5) – a member is a member by residence of a jurisdictional division if the member lives or has their registered address in the territory of the jurisdictional division;
(S) members holding ordinary membership granted in or attached to property in a jurisdictional division (item 5.d.6);
(T) . members holding ordinary membership granted in a jurisdictional division (item 5.d.7);
(U) patron membership granted in a jurisdictional division (item 5.d.8);
(V) service membership granted in a jurisdictional division (item 5.d.9);
(W) affiliate membership granted in a jurisdictional division (item 5.d.10);
(X) places occupied by a member falling in item 5.d.5, 5.d.6, 5.d.7, 5.d.8, 5.d.9 or 5.d.10 in respect of the jurisdictional division, or succeeded or presented to by such a member (item 5.d.11) – this allows for jurisdictional divisions to create stakeholder places occupied by a member of the jurisdictional division.