Constitution (Manager‑General) Letters Patent 2021

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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

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

I  Name

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

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.

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Note: This table relates only to the provisions of these Letters Patent as originally made.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

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

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

Division I—Concepts related to the administration

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.

Division II—The Manager‑General

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.

(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

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

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 Parks.

IX  Administration of the Government by Administrator

(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

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

(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  

XII  Appointment of deputies for Manager‑General

(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

(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

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

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

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.

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

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

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

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.

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.

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.

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