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[[Constitution of Urabba Parks/Contents|Table]]|[[Constitution of Urabba Parks/notes|Notes]]|[[Grant of Arms and Crest to the Founder|Previous]]|[[Constitution of Urabba Parks/Index|Next]]|[[Constitution of Urabba Parks/Download|Download]]
[[Constitution of Urabba Parks/Contents|Table]]|[[Constitution of Urabba Parks/Notes|Notes]]|[[Grant of Arms and Crest to the Founder|Previous]]|[[Constitution of Urabba Parks/Index|Next]]|[[Constitution of Urabba Parks/Download|Download]]<br>[[Constitution of Urabba Parks/Contents#Related|Resolutions and instruments related to the Constitution]] >> [[Constitution (Manager‑General) Letters Patent 2021|Constitution (Manager‑General) Letters Patent 2021]]


= Letters Patent Relating to the Office of the Manager‑General of Urabba Parks Proprietary Limited =
= Letters Patent Relating to the Office of the Manager‑General of Urabba&nbsp;Parks Proprietary Limited =
'''Daniel James Racovolis, Enactor of Urabba Parks Proprietary Limited''', to all to whom these Presents shall come:
'''Daniel James Racovolis, Enactor of Urabba&nbsp;Parks Proprietary Limited''', to all to whom these Presents shall come:


'''Greeting!'''
'''Greeting!'''


WHEREAS, by the Constitution of Urabba Parks Proprietary Limited Australian Company Number 159 318 859 (hereinafter called '''''Urabba Parks'''''), certain powers, functions and authorities are vested in a Manager‑General appointed by the Enactor to be Mister Enactor’s representative in Urabba Parks:
WHEREAS, by the Constitution of Urabba&nbsp;Parks Proprietary Limited Australian Company Number&nbsp;159&nbsp;318&nbsp;859 (hereinafter called '''''Urabba&nbsp;Parks'''''), certain powers, functions and authorities are vested in a Manager‑General appointed by the Enactor to be Mister Enactor’s representative in Urabba&nbsp;Parks:


AND WHEREAS, by subsection 4(1) of the Constitution of Urabba Parks, the provisions of the Constitution relating to the Manager‑General extend and apply to the Manager‑General for the time being, or such person as the Enactor may appoint to administer the Government of Urabba Parks:
AND WHEREAS, by [[Constitution of Urabba Parks/Section 4#ManagerGeneral|subsection&nbsp;4(1)]] of the Constitution of Urabba&nbsp;Parks, the provisions of the Constitution relating to the Manager‑General extend and apply to the Manager‑General for the time being, or such person as the Enactor may appoint to administer the Government of Urabba&nbsp;Parks:


AND WHEREAS We are desirous of making provisions relating to the office of Manager‑General and for persons appointed to administer the Government of Urabba Parks:
AND WHEREAS We are desirous of making provisions relating to the office of Manager‑General and for persons appointed to administer the Government of Urabba&nbsp;Parks:


NOW THEREFORE, by these Letters Patent under Our Sign Manual and the Great Seal of Urabba Parks, We declare that:
NOW THEREFORE, by these Letters Patent under Our Sign Manual and the Great Seal of Urabba&nbsp;Parks, We declare that:


= Part I—Preliminary =
= Part I—Preliminary =
 
<span id="Pt1"></span>
=== I  Name ===
=== <span id="c1"></span>I  Name ===
These Letters Patent may be cited as the ''Constitution (Manager‑General) Letters Patent 2021''.
These Letters Patent may be cited as the ''Constitution (Manager‑General) Letters Patent 2021''.


=== II  Commencement ===
=== <span id="c2"></span>II  Commencement ===
(1)  Each provision of these Letters Patent specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
<span id="c2-1"></span>(1)  Each provision of these Letters Patent specified in column&nbsp;1 of the table commences, or is taken to have commenced, in accordance with column&nbsp;2 of the table. Any other statement in column&nbsp;2 has effect according to its terms.


{| class="wikitable"
{| class="wikitable"
|+Commencement information
|+Commencement information
|-
|-
!Column 1
!column&nbsp;1
Provisions
Provisions
!Column 2
!column&nbsp;2
Commencement
Commencement
!Column 3
!column&nbsp;3
Date/Details
Date/Details
|-
|-
|1.  The  whole of these Letters Patent
|1.  The  whole of these Letters Patent
|The day after these Letters Patent are  registered.
|At the same time as Part&nbsp;2 of the ''Urabba Parks Proprietary Limited Constitution Statute 2021''.
|5 March 2021
|5 March 2021
|}
|}
<small>Note: This table relates only to the provisions of these Letters Patent as originally made. It will not be amended to deal with any later amendments of these Letters Patent.</small>
<small>Note: This table relates only to the provisions of these Letters Patent as originally made. It will not be amended to deal with any later amendments of these Letters Patent.</small>


(2)  Any information in column 3 of the table is not part of these Letters Patent. Information may be inserted in this column, or information in it may be edited, in any published version of these Letters Patent.
<span id="c2-2"></span>(2)  Any information in column&nbsp;3 of the table is not part of these Letters Patent. Information may be inserted in this column, or information in it may be edited, in any published version of these Letters Patent.


=== III  Revocation of previous Letters Patent ===
=== <span id="c3"></span>III  Revocation of previous Letters Patent ===
We revoke the previous Letters Patent, as amended, insofar as such Letters Patent deal with the office of the Manager‑General of Urabba Parks Proprietary Limited (the '''''Manager‑General'''''), the administration of the Government of Urabba Parks or the exercise of powers and functions by any deputy to the Manager‑General.
These Letters Patent are made under:
:(a) the definition of '''''Manager‑General''''' in [[Constitution of Urabba Parks/Section 4#ManagerGeneral|subsection&nbsp;4(1)]] of the Constitution; and
:(b) [[Constitution of Urabba Parks/Section 126|section&nbsp;126]] of the Constitution.


=== IV  Definitions ===
=== <span id="c4"></span>IV  Definitions ===
<small>Note: A number of expressions used in this instrument are defined in subsection 4(1) of the Constitution, including the following:</small>
<small>Note: A number of expressions used in this instrument are defined in [[Constitution of Urabba Parks/Section 4|subsection&nbsp;4(1)]] of the Constitution, including the following:</small>


:<small>(a)  Honorary Manager;</small> <small>(b)  judicial director;</small> <small>(c)  Manager‑General.</small>
:<small>(a)  [[Constitution of Urabba Parks/Section 4#HonoraryManager|Honorary Manager]];</small>
:<small>(b)  [[Constitution of Urabba Parks/Section 4#JudicialDirector|judicial director]];</small>
:<small>(c)  [[Constitution of Urabba Parks/Section 4#ManagerGeneral|Manager‑General]].</small>


In these Letters Patent:
In these Letters Patent:
{| class="wikitable"
{| class="wikitable"
|'''''Administrator''''' means a person (other than an Honorary Manager) appointed by Us to administer the Government of Urabba Parks under the definition of '''''Manager‑General''''' in subsection 4(1) of the Constitution.
|'''''Administrator''''' means a person (other than an Honorary Manager) appointed by Us to administer the Government of Urabba&nbsp;Parks under the definition of '''''[[Constitution of Urabba Parks/Section 4#ManagerGeneral|Manager‑General]]''''' in [[Constitution of Urabba Parks/Section 4#ManagerGeneral|subsection&nbsp;4(1)]] of the Constitution.
|-
|-
|an '''''interim administration circumstance''''' includes the following:
|an '''''interim administration circumstance''''' includes the following:
Line 62: Line 66:
::(i)  incapacitated or otherwise unable to act; or
::(i)  incapacitated or otherwise unable to act; or


::(ii)  outside Urabba Parks; or
::(ii)  outside Australia or a Territory that is under the administration of the Commonwealth of Australia; or


::(iii)  temporarily absent from office for some  reason;
::(iii)  temporarily absent from office for some  reason;
Line 70: Line 74:
|'''''oath, affirmation or declaration of office''''' includes:
|'''''oath, affirmation or declaration of office''''' includes:


:(a)  the oath in clause I of Schedule I;
:(a)  the oath in clause&nbsp;I of Schedule I;


:(b)  the affirmation in clause II of Schedule I;
:(b)  the affirmation in clause&nbsp;II of Schedule I;


:(c)  the declaration in clause III of Schedule I.
:(c)  the declaration in clause&nbsp;III of Schedule I.
|}
|}


= Part II—Administration of the Government =
= <span id="Pt2"></span>Part II—Administration of the Government =


== Division I—Concepts related to the administration ==
== <span id="Div2.1"></span>Division I—Concepts related to the administration ==
=== V  Publication in Gazette ===
=== <span id="c5"></span>V  Publication in Gazette ===
Each Commission appointing a Manager‑General or person to administer the Government of Urabba Parks and each instrument made under these Letters Patent shall be published in the official newsletter of Urabba Parks.
Each Commission appointing a Manager‑General or person to administer the Government of Urabba&nbsp;Parks and each instrument made under these Letters Patent shall be published in the official newsletter of Urabba&nbsp;Parks.


== Division II—The Manager‑General ==
== <span id="Div2.2"></span>Division II—The Manager‑General ==


=== VI  Appointment of Manager‑General ===
=== <span id="c6"></span>VI  Appointment of Manager‑General ===
(1)  The appointment of a person to the office of Manager‑General shall be during Our pleasure by Commission under the Enactorial Sign Manual and the Great Seal of Urabba Parks, but subject to this instrument.
<span id="c6-1"></span>(1)  The appointment of a person to the office of Manager‑General shall be during Our pleasure by Commission under the Enactorial Sign Manual and the Great Seal of Urabba&nbsp;Parks, but subject to this instrument.


(2)  The Manager‑General may only exercise the powers of the office upon assumption under clause VII.
<span id="c6-2"></span>(2)  The Manager‑General may only exercise the powers of the office upon assumption under clause&nbsp;VII.


=== VII  Requirement as to assume office of Manager‑General ===
=== <span id="c7"></span>VII  Requirement as to assume office of Manager‑General ===
Before assuming office, a person appointed to be Manager‑General shall take in the presence of the President of the Court of Directors or another judicial director:
Before assuming office, a person appointed to be Manager‑General shall take in the presence of the President of the Court of Directors or another judicial director:


:(a)  the oath, affirmation or declaration of responsibility in the form set out in Schedule 1 of the Constitution; and
:<span id="par7a"></span>(a)  the oath, affirmation or declaration of responsibility in the form set out in [[Constitution of Urabba Parks/Schedule 1|Schedule 1 of the Constitution]]; and
 
:<span id="par7b"></span>(b)  the oath, affirmation or declaration of office.
 
== <span id="Div2.3"></span>Division III—Administrator of the Government ==


:(b)  the oath, affirmation or declaration of office.
=== <span id="c8"></span>VIII  Appointment of Administrator ===
The appointment of an Administrator shall be during Our pleasure by Commission under the Enactorial Sign Manual and the Great Seal of Urabba&nbsp;Parks.


== Division III—Administrator of the Government ==
=== <span id="c9"></span>IX  Administration of the Government by Administrator ===
<span id="c9-1"></span>(1)  The powers, functions and authorities of the Manager‑General shall, subject to this instrument, vest in an Administrator only in the assumption of the administration of the Government of Urabba&nbsp;Parks following a request made under clause&nbsp;XI.


=== VIII  Appointment of Administrator ===
(2)  Before assuming the administration of the Government of Urabba&nbsp;Parks, an Administrator shall take the oath, affirmation or declaration of responsibility in the form set out in [[Constitution of Urabba Parks/Schedule 1|Schedule 1 of the Constitution]] and the oath, affirmation or declaration of office in the presence of:
The appointment of an Administrator shall be during Our pleasure by Commission under the Enactorial Sign Manual and the Great Seal of Urabba Parks.


=== IX  Administration of the Government by Administrator ===
:<span id="par9-2a"></span>(a)  the President of the Court of Directors or another judicial director; or
(1The powers, functions and authorities of the Manager‑General shall, subject to this instrument, vest in an Administrator only in the assumption of the administration of the Government of Urabba Parks following a request made under clause XI.


(2Before assuming the administration of the Government of Urabba Parks, an Administrator shall take the oath, affirmation or declaration of responsibility in the form set out in Schedule 1 of the Constitution and the oath, affirmation or declaration of office in the presence of:
:<span id="par9-2b"></span>(b)  an Honorary Manager or an Honorary Director, but only if:


:(athe President of the Court of Directors or another judicial director; or
::<span id="par9-2b-i"></span>(ithere are no judicial directors; or


:(ban Honorary Manager or an Honorary Director, but only if:
::<span id="par9-2b-ii"></span>(iieach judicial director is incapacitated or absent from the Urabba&nbsp;Parks or is absent from office temporarily from office for any reason.


::(i)  there are no judicial directors; or
=== <span id="c10"></span>X  Cessation of administration by Administrator ===
The Administrator shall cease to administer the Government of Urabba&nbsp;Parks when no interim administration circumstance applies and the Administrator has been notified of such fact.


::(iieach judicial director is incapacitated or absent from the Urabba Parks or is absent from office temporarily from office for any reason.
=== <span id="c11"></span>XI  Request for assumption of administration of Urabba&nbsp;Parks ===
<span id="c11-1"></span>(1A person may not assume the administration of the Government of Urabba&nbsp;Parks as an Administrator unless a request is made under this section&nbsp;on the basis of an interim administration circumstance.


=== X  Cessation of administration by Administrator ===
<span id="c11-2"></span>(2)  In the event of the absence of the Manager‑General out of Urabba&nbsp;Parks, a request may be made by the Manager‑General or the most senior available Minister.
The Administrator shall cease to administer the Government of Urabba Parks when no interim administration circumstance applies and the Administrator has been notified of such fact.


=== XI  Request for assumption of administration of Urabba Parks ===
<span id="c11-3"></span>(3In an interim administration circumstance not falling in subclause&nbsp;(2), a request may be made by the most senior available Minister.
(1A person may not assume the administration of the Government of Urabba Parks as an Administrator unless a request is made under this section on the basis of an interim administration circumstance.


(2In the event of the absence of the Manager‑General out of Urabba Parks, a request may be made by the Manager‑General or the most senior available Minister.
<span id="c11-4"></span>(4For the purposes of this clause&nbsp;Ministers rank in the order they are summoned to the Proprietary Council.


(3In an interim administration circumstance not falling in subclause (2), a request may be made by the most senior available Minister.
<span id="c11-5"></span>(5An Honorary Manager may make a request if:


(4For the purposes of this clause Ministers rank in the order they are summoned to the Proprietary Council.
:<span id="par11-5a"></span>(athere are no available Ministers; or


(5An Honorary Manager may make a request if:
:<span id="par11-5b"></span>(bthe Honorary Manager believes:


:(athere are no available Ministers; or
::<span id="par11-5b-i"></span>(ithat an interim administration circumstance applies; and


:(bthe Honorary Manager believes:
::<span id="par11-5b-ii"></span>(iithat it is impracticable for a request to be otherwise made under this clause.


::(ithat an interim administration circumstance applies; or
(6A request made in writing under this section&nbsp;in good faith is sufficient authority for a person to assume the administration of the Government of Urabba&nbsp;Parks.


::(ii)  that it is impracticable for a request to be otherwise made under this clause.
== Division IV—Exercise of powers of the Manager‑General by a deputy   ==


(6A request made in writing under this section in good faith is sufficient authority for a person to assume the administration of the Government of Urabba Parks. Division IV—Exercise of powers of the Manager‑General by a deputy  
=== <span id="c12"></span>XII  Appointment of deputies for Manager‑General ===
(1Subject to this Division, We authorise the appointment of a person, or any persons jointly or severally, by instrument made under this subclause&nbsp;to be the Manager‑General’s deputy or deputies within any part of Urabba&nbsp;Parks for the purposes of [[Constitution of Urabba Parks/Section 126|section&nbsp;126 of the Constitution]].


=== XII  Appointment of deputies for Manager‑General ===
<span id="c12-2"></span>(2The instrument may specify the powers and functions of the Manager‑General as the Manager‑General thinks fit to assign to the person or those persons or them by the instrument.
(1Subject to this Division, We authorise the appointment of a person, or any persons jointly or severally, by instrument made under this subclause to be the Manager‑General’s deputy or deputies within any part of Urabba Parks for the purposes of section 126 of the ''Constitution''.


(2The instrument may specify the powers and functions of the Manager‑General as the Manager‑General thinks fit to assign to the person or those persons or them by the instrument.
<span id="c12-3"></span>(3A person appointed under subclause&nbsp;(1) may exercise in that capacity, during the Manager‑General’s pleasure, such powers and functions of the Manager‑General as specified in the instrument.


(3)  A person appointed under subclause (1) may exercise in that capacity, during the Manager‑General’s pleasure, such powers and functions of the Manager‑General as specified in the instrument.
<small>Note: The appointment of such deputy or deputies shall not affect the exercise by the Manager‑General of any power or function: see [[Constitution of Urabba Parks/Section 126|section&nbsp;126 of the Constitution]].</small>


<small>Note: The appointment of such deputy or deputies shall not affect the exercise by the Manager‑General of any power or function: see section 126 of the Constitution.</small>
=== <span id="c13"></span>XIII  Instrument appointing deputies ===
<span id="c12-1"></span>(1)  An instrument may be made under subclause&nbsp;XII(1) by:


=== XIII  Instrument appointing deputies ===
:<span id="par13-1a"></span>(athe Manager‑General for the time being;
(1An instrument may be made under subclause XII(1) by:


:(a)  the Manager‑General for the time being;
:<span id="par13-1b"></span>(b)  the Administrator, but only if the Administrator has assumed administration of the Government of Urabba&nbsp;Parks; or


:(bthe Administrator, but only if the Administrator has assumed administration of the Government of Urabba Parks; or
:<span id="par13-1c"></span>(can Honorary Manager, in the case of a vacancy in both the offices of Manager‑General and Administrator.


:(can Honorary Manager, in the case of a vacancy in both the offices of Manager‑General and Administrator.
<span id="c12-2"></span>(2Unless there is a vacancy in each House of the Parliament an instrument shall not be made under this section&nbsp;except with the concurrence of the most senior available Minister.


(2)  Unless there is a vacancy in each House of the Parliament an instrument shall not be made under this section except with the concurrence of the most senior available Minister.
=== <span id="c14"></span>XIV  Exercise of powers and functions of Manager‑General by deputies ===
A person appointed under subclause&nbsp;XII(1) may not exercise the powers and functions of the Manager‑General in that capacity on any occasion unless the person has taken on that occasion or has previously taken the oath, affirmation or declaration of responsibility in the form set out in [[Constitution of Urabba Parks/Schedule 1|Schedule 1 of the Constitution]] and the oath, affirmation or declaration of office in the presence of:


=== XIV  Exercise of powers and functions of Manager‑General by deputies ===
:<span id="par14a"></span>(a)  the occupant of a judicial place (category&nbsp;J); or
A person appointed under subclause XII(1) may not exercise the powers and functions of the Manager‑General in that capacity on any occasion unless the person has taken on that occasion or has previously taken the oath, affirmation or declaration of responsibility in the form set out in Schedule 1 of the Constitution and the oath, affirmation or declaration of office in the presence of:


:(athe occupant of a judicial place (category J);
:<span id="par14b"></span>(ban Honorary Manager or Honorary Director.


:(b)  an Honorary Manager or Honorary Director.
=== <span id="c15"></span>XV  Cessation of exercise of powers and functions by deputies ===
A person appointed under subclause&nbsp;XII(1) may not exercise the powers and functions of the Manager‑General in that capacity and the appointment of the person ceases if the instrument is revoked by the Manager‑General.


=== XV  Cessation of exercise of powers and functions by deputies ===
= Part III—Other matters =
A person appointed under subclause XII(1) may not exercise the powers and functions of the Manager‑General in that capacity and the appointment of the person ceases if the instrument is revoked by the Manager‑General. Part III—Other matters


=== XVI  Application to Honorary Managers ===
=== <span id="c16"></span>XVI  Application to Honorary Managers ===
Nothing in these Letters Patent shall affect the exercise by Us of Our powers in relation to Urabba Parks, whilst personally present by way of an Honorary Manager, or otherwise on the advice of the directors of Urabba Parks.
Nothing in these Letters Patent shall affect the exercise by Us of Our powers in relation to Urabba&nbsp;Parks, whilst personally present by way of an Honorary Manager, or otherwise on the advice of the directors of Urabba&nbsp;Parks.


=== XVII  Efficacy of Commissions etc. ===
=== <span id="c17"></span>XVII  Efficacy of Commissions etc. ===
We direct that these Letters Patent shall take effect without affecting the efficacy of any Commission or appointment given or made before the date hereof or of anything done in pursuance of any such Commission or appointment, or of any oath or affirmation taken before that date for the purpose of any such Commission or appointment.
We direct that these Letters Patent shall take effect without affecting the efficacy of any Commission or appointment given or made before the date hereof or of anything done in pursuance of any such Commission or appointment, or of any oath or affirmation taken before that date for the purpose of any such Commission or appointment.


=== XVIII  Power to amend these Letters Patent ===
=== <span id="c18"></span>XVIII  Power to amend these Letters Patent ===
We reserve full power from time to time to revoke, alter or amend these Letters Patent as We think fit. Schedule
We reserve full power from time to time to revoke, alter or amend these Letters Patent as We think fit.  


= I—Oath, affirmation and declaration of office =
= Schedule I—Oath, affirmation and declaration of office =
Note: See the definition of oath, affirmation or declaration of office in clause 4.
<span id="Sch1"></span>Note: See the definition of '''''oath, affirmation or declaration of office''''' in clause&nbsp;4.


=== I  Oath of office ===
=== <span id="Sch1.c1"></span>I  Oath of office ===
I, ''A.B.'', do swear by Almighty God that as (name of office) in Urabba Parks Proprietary Limited, I will at all times and in all things discharge the duties of (name of office) according to law and to the best of my knowledge and ability without fear, favour or affection.
I, ''A.B.'', do swear by Almighty God that as (name of office) in Urabba&nbsp;Parks Proprietary Limited, I will at all times and in all things discharge the duties of (name of office) according to law and to the best of my knowledge and ability without fear, favour or affection.


=== II  Affirmation of office ===
=== <span id="Sch1.c2"></span>II  Affirmation of office ===
I, ''A.B.'', do solemnly and sincerely declare and affirm that as (name of office) in Urabba Parks Proprietary Limited, I will at all times and in all things discharge the duties of (name of office) according to law and to the best of my knowledge and ability without fear, favour or affection.
I, ''A.B.'', do solemnly and sincerely declare and affirm that as (name of office) in Urabba&nbsp;Parks Proprietary Limited, I will at all times and in all things discharge the duties of (name of office) according to law and to the best of my knowledge and ability without fear, favour or affection.


=== III  Declaration of office ===
=== <span id="Sch1.c3"></span>III  Declaration of office ===
I, ''A.B.'', do declare that as (name of office) in Urabba Parks Proprietary Limited, I will at all times and in all things discharge the duties of (name of office) according to law and to the best of my knowledge and ability without fear, favour or affection.
I, ''A.B.'', do declare that as (name of office) in Urabba&nbsp;Parks Proprietary Limited, I will at all times and in all things discharge the duties of (name of office) according to law and to the best of my knowledge and ability without fear, favour or affection.




Line 194: Line 202:




Given at Our Court at Urabba Street Reserve
Given at Our&nbsp;Court at Urabba&nbsp;Street&nbsp;Reserve


This sixth day of March in the year of Our Lord Jesus Christ two thousand twenty-one and in the eighth year of Our Foundation in Urabba Parks Proprietary Limited:
This sixth day of March in the year of Our Lord&nbsp;Jesus&nbsp;Christ two thousand twenty-one and in the eighth year of Our&nbsp;Foundation in Urabba&nbsp;Parks Proprietary Limited:


'''Daniel James Racovolis Enactor'''
'''Daniel&nbsp;James&nbsp;Racovolis&nbsp;Enactor'''


{{Constitution of Urabba Parks|state=expanded}}
{{Constitution of UrabbaParks|state=expanded}}
[[Category:Constitution of Urabba Parks| ]]
[[Category:Constitution of Urabba Parks| ]]
[[Category:Urabbaparcensian constitutional law| ]]
[[Category:Urabbaparcensian constitutional law| ]]

Latest revision as of 10:25, 7 March 2022

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Resolutions and instruments related to the Constitution >> Constitution (Manager‑General) Letters Patent 2021

Letters Patent Relating to the Office of the Manager‑General of Urabba Parks Proprietary Limited[edit | edit source]

Daniel James Racovolis, Enactor of Urabba Parks Proprietary Limited, to all to whom these Presents shall come:

Greeting!

WHEREAS, by the Constitution of Urabba Parks Proprietary Limited Australian Company Number 159 318 859 (hereinafter called Urabba Parks), certain powers, functions and authorities are vested in a Manager‑General appointed by the Enactor to be Mister Enactor’s representative in Urabba Parks:

AND WHEREAS, by subsection 4(1) of the Constitution of Urabba Parks, the provisions of the Constitution relating to the Manager‑General extend and apply to the Manager‑General for the time being, or such person as the Enactor may appoint to administer the Government of Urabba Parks:

AND WHEREAS We are desirous of making provisions relating to the office of Manager‑General and for persons appointed to administer the Government of Urabba Parks:

NOW THEREFORE, by these Letters Patent under Our Sign Manual and the Great Seal of Urabba Parks, We declare that:

Part I—Preliminary[edit | edit source]

I  Name[edit | edit source]

These Letters Patent may be cited as the Constitution (Manager‑General) Letters Patent 2021.

II  Commencement[edit | edit source]

(1)  Each provision of these Letters Patent specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
column 1

Provisions

column 2

Commencement

column 3

Date/Details

1.  The whole of these Letters Patent At the same time as Part 2 of the Urabba Parks Proprietary Limited Constitution Statute 2021. 5 March 2021

Note: This table relates only to the provisions of these Letters Patent as originally made. It will not be amended to deal with any later amendments of these Letters Patent.

(2)  Any information in column 3 of the table is not part of these Letters Patent. Information may be inserted in this column, or information in it may be edited, in any published version of these Letters Patent.

III  Revocation of previous Letters Patent[edit | edit source]

These Letters Patent are made under:

(a) the definition of Manager‑General in subsection 4(1) of the Constitution; and
(b) section 126 of the Constitution.

IV  Definitions[edit | edit source]

Note: A number of expressions used in this instrument are defined in subsection 4(1) of the Constitution, including the following:

(a) Honorary Manager;
(b) judicial director;
(c) Manager‑General.

In these Letters Patent:

Administrator means a person (other than an Honorary Manager) appointed by Us to administer the Government of Urabba Parks under the definition of Manager‑General in subsection 4(1) of the Constitution.
an interim administration circumstance includes the following:
(a)  the vacancy in the office of the Manager‑General;
(b)  the absence of Manager‑General for the time being;
(c)  the Manager‑General for the time being:
(i)  incapacitated or otherwise unable to act; or
(ii)  outside Australia or a Territory that is under the administration of the Commonwealth of Australia; or
(iii)  temporarily absent from office for some reason;
(d)  the delegation of the Manager‑General for the time being.
oath, affirmation or declaration of office includes:
(a)  the oath in clause I of Schedule I;
(b)  the affirmation in clause II of Schedule I;
(c)  the declaration in clause III of Schedule I.

Part II—Administration of the Government[edit | edit source]

Division I—Concepts related to the administration[edit | edit source]

V  Publication in Gazette[edit | edit source]

Each Commission appointing a Manager‑General or person to administer the Government of Urabba Parks and each instrument made under these Letters Patent shall be published in the official newsletter of Urabba Parks.

Division II—The Manager‑General[edit | edit source]

VI  Appointment of Manager‑General[edit | edit source]

(1)  The appointment of a person to the office of Manager‑General shall be during Our pleasure by Commission under the Enactorial Sign Manual and the Great Seal of Urabba Parks, but subject to this instrument.

(2)  The Manager‑General may only exercise the powers of the office upon assumption under clause VII.

VII  Requirement as to assume office of Manager‑General[edit | edit source]

Before assuming office, a person appointed to be Manager‑General shall take in the presence of the President of the Court of Directors or another judicial director:

(a)  the oath, affirmation or declaration of responsibility in the form set out in Schedule 1 of the Constitution; and
(b)  the oath, affirmation or declaration of office.

Division III—Administrator of the Government[edit | edit source]

VIII  Appointment of Administrator[edit | edit source]

The appointment of an Administrator shall be during Our pleasure by Commission under the Enactorial Sign Manual and the Great Seal of Urabba Parks.

IX  Administration of the Government by Administrator[edit | edit source]

(1)  The powers, functions and authorities of the Manager‑General shall, subject to this instrument, vest in an Administrator only in the assumption of the administration of the Government of Urabba Parks following a request made under clause XI.

(2)  Before assuming the administration of the Government of Urabba Parks, an Administrator shall take the oath, affirmation or declaration of responsibility in the form set out in Schedule 1 of the Constitution and the oath, affirmation or declaration of office in the presence of:

(a)  the President of the Court of Directors or another judicial director; or
(b)  an Honorary Manager or an Honorary Director, but only if:
(i)  there are no judicial directors; or
(ii)  each judicial director is incapacitated or absent from the Urabba Parks or is absent from office temporarily from office for any reason.

X  Cessation of administration by Administrator[edit | edit source]

The Administrator shall cease to administer the Government of Urabba Parks when no interim administration circumstance applies and the Administrator has been notified of such fact.

XI  Request for assumption of administration of Urabba Parks[edit | edit source]

(1)  A person may not assume the administration of the Government of Urabba Parks as an Administrator unless a request is made under this section on the basis of an interim administration circumstance.

(2)  In the event of the absence of the Manager‑General out of Urabba Parks, a request may be made by the Manager‑General or the most senior available Minister.

(3)  In an interim administration circumstance not falling in subclause (2), a request may be made by the most senior available Minister.

(4)  For the purposes of this clause Ministers rank in the order they are summoned to the Proprietary Council.

(5)  An Honorary Manager may make a request if:

(a)  there are no available Ministers; or
(b)  the Honorary Manager believes:
(i)  that an interim administration circumstance applies; and
(ii)  that it is impracticable for a request to be otherwise made under this clause.

(6)  A request made in writing under this section in good faith is sufficient authority for a person to assume the administration of the Government of Urabba Parks.

Division IV—Exercise of powers of the Manager‑General by a deputy  [edit | edit source]

XII  Appointment of deputies for Manager‑General[edit | edit source]

(1)  Subject to this Division, We authorise the appointment of a person, or any persons jointly or severally, by instrument made under this subclause to be the Manager‑General’s deputy or deputies within any part of Urabba Parks for the purposes of section 126 of the Constitution.

(2)  The instrument may specify the powers and functions of the Manager‑General as the Manager‑General thinks fit to assign to the person or those persons or them by the instrument.

(3)  A person appointed under subclause (1) may exercise in that capacity, during the Manager‑General’s pleasure, such powers and functions of the Manager‑General as specified in the instrument.

Note: The appointment of such deputy or deputies shall not affect the exercise by the Manager‑General of any power or function: see section 126 of the Constitution.

XIII  Instrument appointing deputies[edit | edit source]

(1)  An instrument may be made under subclause XII(1) by:

(a)  the Manager‑General for the time being;
(b)  the Administrator, but only if the Administrator has assumed administration of the Government of Urabba Parks; or
(c)  an Honorary Manager, in the case of a vacancy in both the offices of Manager‑General and Administrator.

(2)  Unless there is a vacancy in each House of the Parliament an instrument shall not be made under this section except with the concurrence of the most senior available Minister.

XIV  Exercise of powers and functions of Manager‑General by deputies[edit | edit source]

A person appointed under subclause XII(1) may not exercise the powers and functions of the Manager‑General in that capacity on any occasion unless the person has taken on that occasion or has previously taken the oath, affirmation or declaration of responsibility in the form set out in Schedule 1 of the Constitution and the oath, affirmation or declaration of office in the presence of:

(a)  the occupant of a judicial place (category J); or
(b)  an Honorary Manager or Honorary Director.

XV  Cessation of exercise of powers and functions by deputies[edit | edit source]

A person appointed under subclause XII(1) may not exercise the powers and functions of the Manager‑General in that capacity and the appointment of the person ceases if the instrument is revoked by the Manager‑General.

Part III—Other matters[edit | edit source]

XVI  Application to Honorary Managers[edit | edit source]

Nothing in these Letters Patent shall affect the exercise by Us of Our powers in relation to Urabba Parks, whilst personally present by way of an Honorary Manager, or otherwise on the advice of the directors of Urabba Parks.

XVII  Efficacy of Commissions etc.[edit | edit source]

We direct that these Letters Patent shall take effect without affecting the efficacy of any Commission or appointment given or made before the date hereof or of anything done in pursuance of any such Commission or appointment, or of any oath or affirmation taken before that date for the purpose of any such Commission or appointment.

XVIII  Power to amend these Letters Patent[edit | edit source]

We reserve full power from time to time to revoke, alter or amend these Letters Patent as We think fit.

Schedule I—Oath, affirmation and declaration of office[edit | edit source]

Note: See the definition of oath, affirmation or declaration of office in clause 4.

I  Oath of office[edit | edit source]

I, A.B., do swear by Almighty God that as (name of office) in Urabba Parks Proprietary Limited, I will at all times and in all things discharge the duties of (name of office) according to law and to the best of my knowledge and ability without fear, favour or affection.

II  Affirmation of office[edit | edit source]

I, A.B., do solemnly and sincerely declare and affirm that as (name of office) in Urabba Parks Proprietary Limited, I will at all times and in all things discharge the duties of (name of office) according to law and to the best of my knowledge and ability without fear, favour or affection.

III  Declaration of office[edit | edit source]

I, A.B., do declare that as (name of office) in Urabba Parks Proprietary Limited, I will at all times and in all things discharge the duties of (name of office) according to law and to the best of my knowledge and ability without fear, favour or affection.



Given at Our Court at Urabba Street Reserve

This sixth day of March in the year of Our Lord Jesus Christ two thousand twenty-one and in the eighth year of Our Foundation in Urabba Parks Proprietary Limited:

Daniel James Racovolis Enactor

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