Constitution of Urabba Parks/Section 41

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Chapter 1 >>Part 4 >>Division 1 >>Subdivision A >>Section 41

Duties of members[edit | edit source]

(1)  Each member of a House of the Parliament shall:

(a)  act in the best interests of Urabba Parks;
(b)  not use the position of a member for any private benefit; and
(c)  be absent from any proceeding of a parliamentary body in which it is possible that a conflict will arise between the member’s duty to act solely in the interests of Urabba Parks and any personal interest (including but not limited to any personal financial interest) unless leave has been granted under subsection (2).

(2)  Nothing in this section shall prevent a member from voting or deliberation on any matter in a parliamentary body on any matter of which the member is subject to a conflict of interests because of a duty of loyalty owed to another entity but of which the members of the body not subject to such conflict have given leave for the member to deliberate and vote on the matter, provided leave shall only be granted if the matter does not involve a direct or indirect benefit of any nature to a legislative director or connected entity thereof.

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

143. This section, partially based on article 9 of the Charity Commission of England and Wales’ Charitable Companies: Model Articles of Association (published January 2017), provides that each member of a House of the Parliament must act in the best interests of Urabba Parks, not use the position of a member for any private benefit and not be present at a meeting of a parliamentary body when there is a potential conflict of interest, unless the member is given leave to vote by the body. The body may grant such leave circumstances where the conflict of interest is not of a financial nature. This section is important to Urabba Parks meeting ACNC Governance Standard 5, which requires responsible entities of charities to act in the best interest of the charity and in a way that does not endanger its work.