Constitution of Urabba Parks/Section 75: Difference between revisions
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= Original jurisdiction of Court = | = Original jurisdiction of Court = | ||
(1) In all matters: | <span id="s1"></span>(1) In all matters: | ||
:(a) arising under any treaty; | :<span id="par1a"></span>(a) arising under any treaty; | ||
:(b) affecting consultants or other representatives of other non-state jurisdictions with similar status; | :<span id="par1b"></span>(b) affecting consultants or other representatives of other non-state jurisdictions with similar status; | ||
:(c) in which Urabba Parks, or a person suing or being sued on behalf of Urabba Parks, is a party; | :<span id="par1c"></span>(c) in which Urabba Parks, or a person suing or being sued on behalf of Urabba Parks, is a party; | ||
:(d) between jurisdictional divisions, or between members by residence of different jurisdictional divisions, or between a jurisdictional division and a member by residence of another jurisdictional division; | :<span id="par1d"></span>(d) between jurisdictional divisions, or between members by residence of different jurisdictional divisions, or between a jurisdictional division and a member by residence of another jurisdictional division; | ||
:(e) in which a writ of Mandamus or prohibition or injunction is sought against an officer of Urabba Parks; | :<span id="par1e"></span>(e) in which a writ of Mandamus or prohibition or injunction is sought against an officer of Urabba Parks; | ||
the Court of Directors shall have original jurisdiction. | the Court of Directors shall have original jurisdiction. | ||
(2) In this section, '''''treaty''''' means a deed or agreement between non-state jurisdictions affecting the legislative or executive policy of the parties. | <span id="s2"></span>(2) In this section, '''''treaty''''' means a deed or agreement between non-state jurisdictions affecting the legislative or executive policy of the parties. | ||
= <span id="EM"></span>Relevant notes from the Explanatory Memorandum = | = <span id="EM"></span>Relevant notes from the Explanatory Memorandum = | ||
205. Subsection (1), based on the section 75 of the Australian Constitution, vests some original jurisdiction in the Court of Directors such as treaties, consultants and external representatives, governmental officers and jurisdictional divisions. | 205. Subsection (1), based on the section 75 of the Australian Constitution, vests some original jurisdiction in the Court of Directors such as treaties, consultants and external representatives, governmental officers and jurisdictional divisions. | ||
Revision as of 10:24, 7 October 2021
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Original jurisdiction of Court
(1) In all matters:
- (a) arising under any treaty;
- (b) affecting consultants or other representatives of other non-state jurisdictions with similar status;
- (c) in which Urabba Parks, or a person suing or being sued on behalf of Urabba Parks, is a party;
- (d) between jurisdictional divisions, or between members by residence of different jurisdictional divisions, or between a jurisdictional division and a member by residence of another jurisdictional division;
- (e) in which a writ of Mandamus or prohibition or injunction is sought against an officer of Urabba Parks;
the Court of Directors shall have original jurisdiction.
(2) In this section, treaty means a deed or agreement between non-state jurisdictions affecting the legislative or executive policy of the parties.
Relevant notes from the Explanatory Memorandum
205. Subsection (1), based on the section 75 of the Australian Constitution, vests some original jurisdiction in the Court of Directors such as treaties, consultants and external representatives, governmental officers and jurisdictional divisions.
206. Subsection (2) defines ‘treaty’ as a deed or agreement between non-state jurisdictions affecting the legislative or executive policy of the parties.