Constitution of Urabba Parks/Section 7
Agreement of jurisdiction[edit | edit source]
Requirement to enter into agreement[edit | edit source]
(1) No person may act as or for a member or officer of Urabba Parks unless the person is a party to the agreement of jurisdiction under subsection (2).
The agreement[edit | edit source]
(2) This table sets out the terms of the agreement of jurisdiction:
|1||A party agrees to attend a judicial body of the judicial group of which Urabba Parks is a member when required for the purpose of answering any charge of an offence against the law of Urabba Parks, or any appeals from any judgment, order or sanction so given in respect of a proceeding.|
|2||A party agrees to submit to arbitration any matters arising under the law of Urabba Parks to the body having jurisdiction established under the law of Urabba Parks.|
|3||A party agrees to attend or provide evidence when required by a body, where each member of the body is the occupant of:
(a) an administrative place (category A);
(b) a representative place (category B);
(c) a judicial place (category J);
(d) an inquisitorial place (category Q); or
(e) a visitatorial place (category V).
|4||A party agrees that proceedings mentioned above being held in public, and that votes and records of those proceedings may be published.|
|5||A party agrees to provide and consent to the retention of personal information necessary for the administration of the law of Urabba Parks, and for the sharing of information with other non-state jurisdictions, for the purpose of administering the rights and obligations of the person.|
|6||A party agrees to displace any law (to the extent that the law may be displaced with the agreement or consent of individual persons), that would limit the operation of this agreement, including but not limited to section 27E of the Commercial Arbitration Act 2011 of the Parliament of Victoria.|
Urabba Parks enters into agreement[edit | edit source]
(3) Urabba Parks in respect of the enacting component of the legislature and each entity having succession within Urabba Parks, agrees to submit to arbitration any matters arising under the law of Urabba Parks to the body having jurisdiction established under the law of Urabba Parks.
Relevant notes from the Explanatory Memorandum[edit | edit source]
64. Subsection (1) requires each person who acts as or for a member to agree to the agreement of jurisdiction. Examples of persons who act as or for members include:
- (A) a person who is registered as a member, whether themselves or jointly with others (a holder of membership);
- (B) a proxy or attorney for a member; or
- (C) a representative of a company that is a member, or a proxy or attorney for a member.
65. The intention of subsection (1) is to make each person who acts in relation to any governance rights of members is subject to the law of Urabba Parks, regardless of whether the person is a member or is merely acting for one. Unlike members, proxies and other persons acting on behalf of members are not automatically parties to the constitution of a company registered under the Corporations Act 2001. Therefore, each person who acts on behalf of a member, whether or not the person is a member, is a party to the agreement and personally responsible for their own conduct in the proceedings and premises of this jurisdiction.
66. Subsection (2) sets out the agreement of jurisdiction (which are set out as items in a table) are:
- (A) item 1 – the party agrees to appear before judicial bodies of Urabba Parks for the purpose of answering any charge of an offence against its law (the ‘disciplinary jurisdiction term’);
- (B) item 2 – the party agrees to submit to arbitration by the judicial bodies of Urabba Parks matters relating to its laws (the ‘grievance jurisdiction term’);
- (C) item 3 – the party agrees to give evidence to bodies composed of holders of places falling in categories A, B, J, Q and V (the ‘evidence term’);
- (D) item 4 – the party agrees for the publication of judicial proceedings and other evidence-gathering bodies (the ‘publication term’);
- (E) item 5 – the party agrees for the collection and retention of personal information (the ‘personal information term’);
- (F) item 5 – the party agrees to displace any law to the extent that it is displaceable by the parties to the agreement that would limit the operation of this agreement (the displacement term), such as section 27E of the Commercial Arbitration Act 2011 of the Parliament of Victoria and similar provisions in other jurisdictions, which provides that proceedings of commercial arbitration are confidential; this is to confirm the public nature of judicial proceedings against this provision, as disputes arbitrated may fall into the definition of commercial arbitration for the purposes of those enactments (the ‘displacement term’).
67. Subsection (3) provides for the entry of the agreement by the Enactor (described as the enacting component of the legislature) and each entity having succession within Urabba Parks. The fact that Urabba Parks enters into the agreement ‘in respect of’ the Enactor and such entities highlights the internal legal status of the Enactor and each entity with succession. As Urabba Parks has ‘perpetual succession’ in Australian law, it is intended that all entities that have succession within it are ‘legal entities’ for the purposes of the internal law. Entities that have succession within Urabba Parks, such as campus government entities and associations, can be party to legal proceedings held under the internal law.