Constitution of Urabba Parks/Section 71
Judicial power and Courts[edit | edit source]
(1) The judicial power of Urabba Parks shall be vested in a Corporate Supreme Body of Judicature, to be called the Court of Directors (the Court), and in such other corporate judicial bodies the Parliament creates, and in such other judicial bodies as it invests with corporate jurisdiction.
(2) The Court shall consist of:
- (a) a President, and so many other Directors directly appointed, not less than 2, as the Parliament prescribes; and
- (b) Directors ex officio, holding places in bodies that may exercise corporate jurisdiction as the Parliament prescribes.
Requirement for Directors of the Court to be appointed judicial directors[edit | edit source]
(3) A Director of the Court of Directors may only exercise corporate jurisdiction or any other powers of a Director if the Director is also a judicial director of Urabba Parks under subsection 70(1).
(4) The place of a Director of the Court who ceases to be a director who does not return to the Manager‑General or some other person appointed by the Manager‑General the Director’s consent to become a judicial director becomes vacant on the thirtieth clear day following their cessation of appointment as a judicial director.
(5) Without limiting any right of the presenter, the place of a Director of the Court becomes vacant if the Director is removed as a judicial director by a resolution made by the presenter.
Relevant notes from the Explanatory Memorandum[edit | edit source]
196. This section, partially based on the corresponding section of the Australian Constitution, provides for the judicial power of Urabba Parks. Subsection (1) vests the judicial power in a Corporate Supreme Body of Judicature known as the Court of Directors (the Court) and other tribunals the Parliament creates, and in such other judicial bodies as it invests with corporate jurisdiction. This is to guarantee the independence of the judiciary by providing for the Supreme Body of Judicature in place of the Enactor dispensing of justice; the Court is intended to be the final body of appeal, in the absence of any jurisdiction of an entity having foundation in Urabba Parks.
197. Subsection (2) establishes the membership structure of the Court, which include both Directors directly appointed to the Court and holders of other judicial offices having membership of the Court (Directors ex officio). Although the corresponding section of the Australian Constitution only provides for direct appointment of Justices of the High Court, having ex officio membership would allow for representation of tribunals with specialist jurisdiction on the Court. Subsection (3) provides that a Director may only act if appointed a judicial director and not removed by a resolution made by the presenter, while subsection (4) provides for the vacancy of a Director of the Court who ceases to be a judicial director of Urabba Parks (other than by removal by resolution of the relevant member), and subsection (5) provides for the vacancy of a Director removed as a judicial director by a resolution of the presenter (who is the relevant member of the judicial director).