Constitution of Urabba Parks/Section 51

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Chapter 1 >>Part 5 >>Division 1 >>Subdivision A >>Section 51

Legislative powers of the Parliament[edit | edit source]

The Parliament:

(a)  shall have the purpose of advancing humanity and the environment together by way of making laws to govern the business and affairs of Urabba Parks and its wholly-owned subsidiaries (hereinafter in this section referred to as Urabba Parks), and other entities in its legislative group; and
(b)  shall have power, subject to this Constitution, to make laws for the peace, order and good government of Urabba Parks with respect to:
(i)  trade and commerce with entities outside Urabba Parks, and among the jurisdictional divisions;
(ii)  revenue items; but so as not to discriminate between jurisdictional divisions or parts of jurisdictional divisions;
(iii)  charity distributions to ordinary members of Urabba Parks;
(iv)  borrowing money on the credit of Urabba Parks;
(v)  postal, telegraphic, telephonic, and other like services;
(vi)  the nautical and martial defence of Urabba Parks and of the several jurisdictional divisions, and the control of the services to execute and maintain the laws of Urabba Parks;
(vii)  the objects of Urabba Parks;
(viii)  compliance with Australian law;
(ix)  approved benefits;
(x)  monitoring the conformity of a jurisdictional division with provisions in Chapter 9, or any document made under those provisions;
(xi)  census and statistics;
(xii)  the custody of cash and financial assets;
(xiii)  the opening, maintenance and closing of giving accounts and giving pools;
(xiv)  insurance, including the requirement for an entity to maintain insurance and any requirements imposed by a contract for insurance entered into by the Executive Management of Urabba Parks that insures the entity’s activities;
(xv)  the registration of registered places;
(xvi)  securities;
(xvii)  declaration of any part of Urabba Parks for the purposes of the definition of Urabba Street Reserve;
(xviii)  the conduct of proceedings of the members of Urabba Parks;
(xix)  the declaration and expulsion of Urabbaparcensian Associates;
(xx)  entities formed outside Urabba Parks, and trading, charitable or financial entities with succession formed within the limits of Urabba Parks;
(xxi)  the establishment, administration and dissolution of entities falling in item 7.11.e of the table in subsection 112(5);
(xxii)  matters related to persons in which Urabba Parks has a role in the custody, administration or guardianship;
(xxiii)  invalid and old‑age pensions, maternity allowances, widows’ pensions, child endowment, unemployment, pharmaceutical, sickness and hospital benefits, medical and dental services, benefits to students and family allowances, as well as benefits for the care of animals and veterinary services, provided that benefits and services provided under this subparagraph shall be charitable benefits, benefits incidental or necessary to the provision of benefits or provided by a non-charitable subsidiary;
(xxiv)  the service and execution throughout Urabba Parks of the grievance and disciplinary process and the judgments of the courts of the jurisdictional divisions;
(xxv)  the recognition throughout Urabba Parks of the laws, the public Acts and records, and the judicial proceedings of the jurisdictional divisions;
(xxvi)  the people of any race for whom it is deemed necessary to make special laws;
(xxvii)  the making of supplemental grants of membership;
(xxviii)  the influx of persons disqualified or suspended from the proceedings of Urabba Parks;
(xxix)  external affairs;
(xxx)  the relations of Urabba Parks with the Executive Government of the Commonwealth, the government of a foreign country or any part of Australia or a foreign country, and local government entities;
(xxxi)  the acquisition of property on just terms from any jurisdictional division or entity for any purpose in respect of which the Parliament has power to make laws;
(xxxii)  the control of the property of Urabba Parks with respect to transport for the nautical and martial purposes of Urabba Parks;
(xxxiii)  the acquisition or disposal of property by Urabba Parks;
(xxxiv)  environmental and construction work in any jurisdictional division with the consent of that jurisdictional division;
(xxxv)  the exclusion from the definition of an eligible charity;
(xxxvi)  matters in respect of which this Constitution makes provision until the Parliament otherwise provides;
(xxxvii)  matters referred to the Parliament of Urabba Parks by the legislature or legislatures of any region or regions, but so that the law shall extend only to regions by whose legislatures the matter is referred, or which afterwards adopt the law;
(xxxviii)  the exercise within Urabba Parks, at the request or with the concurrence of the legislatures of all the regions directly concerned;
(xxxix)  matters incidental to the execution of any power vested by this Constitution in the Parliament or in either House thereof, or in the Government of Urabba Parks, or in the Corporate Judicature, or in any corporate department or officer of Urabba Parks.

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

159. This section provides the Parliament:

(A) shall have the purpose of advancing humanity and the environment together, by way of making laws to govern the business and affairs of Urabba Parks and its wholly-owned subsidiaries (which are together called Urabba Parks in this section), and other entities in its legislative group; and
(B) shall have power, subject to this Constitution, to make laws for the peace, order and good government of Urabba Parks with respect to:
(i) trade and commerce with entities outside Urabba Parks, and among the jurisdictional divisions – as most transactions between parts of Urabba Parks fit within the broad definition of ‘trade and commerce,’ this power gives Parliament the power to regulate the sale of goods and services by entities;
(ii) revenue items; but so as not to discriminate between jurisdictional divisions or parts of jurisdictional divisions – this gives Parliament the power to raise funds it needs to provide government services;
(iii) charity distributions to ordinary members of Urabba Parks – section 104 provides for the charity distribution rights of service and patron members in the case of a distribution to ordinary members;
(iv) borrowing money on the credit of Urabba Parks – this gives Parliament the power to regulate borrowing by the Executive Government and entities;
(v) postal, telegraphic, telephonic, and other like services – this gives Parliament the power to regulate communication services such as internal mail and wi-fi connections;
(vi) the nautical and martial defence of Urabba Parks and of the several jurisdictional divisions, and the control of the services to execute and maintain the laws of Urabba Parks – this gives Parliament the power to establish, maintain and regulate the Defence Service so Urabba Parks can meet its responsibility under section 119 to defend its jurisdictional divisions against unlawful intrusion (which is intended to also include intrusion into the information systems of a jurisdictional division), and on the application of the Executive Government of the jurisdictional division, against ‘domestic violence’;
(vii) the objects of Urabba Parks – this gives Parliament the power to expand or restrict charitable purposes to better achieve its purpose of advancing humanity and the environment together;
(viii) compliance with Australian law – such compliance is a responsibility of Urabba Parks under ACNC governance standard 3;
(ix) approved benefits – the regulation of benefits provided to related parties is a responsibility of Urabba Parks under ACNC governance standard 1;
(x) monitoring the conformity of a jurisdictional division with provisions in Chapter 9, or any document made under those provisions – this gives Parliament the power to ensure the conformity across Urabba Parks to its core positions on social and environmental issues, such as respect for human rights, integrity in governance, and stakeholder engagement;
(xi) census and statistics – this gives Parliament the power to collect statistics which it can use to make effective decisions;
(xii) the custody of cash and financial assets – this gives Parliament the power to regulate the opening and maintenance of transaction accounts and financial investments such as term deposits and share portfolios;
(xiii) the opening, maintenance and closing of giving accounts and giving pools – this is the equivalent in Urabba Parks to the ‘banking’ power in paragraph 51(xiii) of the Australian Constitution, as giving accounts and giving pools are effectively ‘bank accounts’ which can be drawn on for the purposes of charity distributions;
(xiv) insurance, including the requirement for an entity to maintain insurance and any requirements imposed by a contract for insurance entered into by the Executive Management of Urabba Parks that insures the entity’s activities – this gives Parliament the power to manage risks by mandating insurance coverage for entities and enforcing within Urabba Parks the conditions of insurance agreements covering the entity;
(xv) the registration of registered places – this is intended to allow for the consistent keeping of registers under section 12;
(xvi) securities – this gives Parliament the power to grant and regulate membership of Urabba Parks;
(xvii) declaration of any part of Urabba Parks for the purposes of the definition of Urabba Street Reserve – this is intended to allow the Parliament to declare land as part of Urabba Street Reserve for the purposes of the definition of the term in covering clause 4;
(xviii) the conduct of proceedings of the members of Urabba Parks – this gives Parliament the power to regulate elections, referenda and proceedings of entities, such as meetings of members of associations;
(xix) the declaration and expulsion of Urabbaparcensian Associates – this is intended to be the equivalent within Urabba Parks of the ‘naturalization’ power in paragraph 51(xix) of the Australian Constitution;
(xx) entities formed outside Urabba Parks, and trading, charitable or financial entities with succession formed within the limits of Urabba Parks – this gives Parliament the power to regulate associations, trading subsidiaries, and the activities of external organisations within Urabba Parks;
(xxi) the establishment, administration and dissolution of entities falling in item 7.11.e of the table in subsection 112(5) – this gives Parliament the power to establish, regulate and dissolve entities formed under that item, including entities of the Church in Urabba Parks;
(xxii) matters related to persons in which Urabba Parks has a role in the custody, administration or guardianship – this gives Parliament the power to keep persons in the care of entities as safe as possible by regulating the conduct of relevant personnel;
(xxiii) invalid and old age pensions, maternity allowances, widows’ pensions, child endowment, unemployment, pharmaceutical, sickness and hospital benefits, medical and dental services, benefits to students and family allowances, as well as benefits for the care of animals and veterinary services, provided that benefits and services provided under this subparagraph shall be charitable benefits, benefits incidental or necessary to the provision of such benefits or provided by a non-charitable subsidiary – this gives Parliament the power to directly fund charitable benefits provided to individuals and animals and regulate services related to such benefits;
(xxiv) the service and execution throughout Urabba Parks of the grievance and disciplinary process and the judgments of the courts of the jurisdictional divisions – this is intended to be the equivalent within Urabba Parks of paragraph 51(xxiv) of the Australian Constitution;
(xxv) the recognition throughout Urabba Parks of the laws, the public Acts and records, and the judicial proceedings of the jurisdictional divisions – this is intended to be the equivalent within Urabba Parks of paragraph 51(xxv) of the Australian Constitution;
(xxvi) the people of any race for whom it is deemed necessary to make special laws – this is intended to be the equivalent within Urabba Parks of paragraph 51(xxvi) of the Australian Constitution;
(xxvii) the making of supplemental grants of membership – this gives Parliament the power to regulate the transfer and transmission of membership of Urabba Parks;
(xxviii) the influx of persons disqualified or suspended from the proceedings of Urabba Parks – this is intended to be the equivalent in Urabba Parks of paragraph 51(xxviii) of the Australian Constitution;
(xxix) external affairs – this is intended to be the equivalent in Urabba Parks of paragraph 51(xxix) of the Australian Constitution;
(xxx) the relations of Urabba Parks with the Executive Government of the Commonwealth, the government of a foreign country or any part of Australia or a foreign country, and local government entities – this is intended to complement the ‘compliance with Australian law’ power (see subparagraph (viii));
(xxxi) the acquisition of property on just terms from any jurisdictional division or entity for any purpose in respect of which the Parliament has power to make laws – this is intended to apply to the acquisition by the Executive Government of property of Urabba Parks belonging to divisional governments, campus governments and associations, or attached to a member;
(xxxii) the control of the property of Urabba Parks with respect to transport for the nautical and martial purposes of Urabba Parks – this is intended to complement the defence power (see subparagraph (vi));
(xxxiii) the acquisition or disposal of property by Urabba Parks – this is intended to cover the acquisition or disposal of any type of property by any entity within Urabba Parks, including inventory, plant and equipment financial and intangible assets;
(xxxiv) environmental and construction work in any jurisdictional division with the consent of that jurisdictional division – this gives Parliament the power to advance the objects of Urabba Parks by undertaking environmental protection and construction work, such as revegetation or the building of social housing;
(xxxv) the exclusion from the definition of an eligible charity – because members are able to nominate for charity distributions any charity that has similar objects to Urabba Parks, subject to exclusions provided under law, this gives Parliament the power to limit entities to which charity distributions can be made, which may provide clarity to members and financial supporters about the charity beneficiaries of Urabba Parks;
(xxxvi) matters in respect of which this Constitution makes provision until the Parliament otherwise provides – this is intended to be the equivalent in Urabba Parks of paragraph 51(xxxvi) of the Australian Constitution;
(xxxvii) matters referred to the Parliament of Urabba Parks by the legislature or legislatures of any region or regions, but so that the law shall extend only to regions by whose legislatures the matter is referred, or which afterwards adopt the law – this is intended to be the equivalent in Urabba Parks of paragraph 51(xxxvii) of the Australian Constitution;
(xxxviii) the exercise within Urabba Parks, at the request or with the concurrence of the legislatures of all the regions directly concerned – this is intended to be the equivalent in Urabba Parks of paragraph 51(xxxviii) of the Australian Constitution;
(xxxix) matters incidental to the execution of any power vested by this Constitution in the Parliament or in either House thereof, or in the Government of Urabba Parks, or in the Corporate Judicature, or in any corporate department or officer of Urabba Parks – this is intended to be the equivalent in Urabba Parks of paragraph 51(xxxix) of the Australian Constitution.