Constitution of Urabba Parks/Contents

Please note this is not the Authorised Version; this will be available shortly.

Urabba Parks Proprietary Limited

Australian Company Number 159 318 859

The Constitution as in force on 5 March 2021 together with resolution adopting the Constitution, proclamation declaring the establishment of jurisdiction, letters patent relating to the grant of Arms and Crest to Daniel James Racovolis, Gentleman, Constitution (Manager‑General) Letters Patent 2021 as in force on 6 March 2021, Introductory Speech and Explanatory Memorandum to the Urabba Parks Proprietary Limited Constitution Bill 2021.

Table of Contents

Acknowledgement of Country

Statement of Attribution

Overview

Introductory Speech to the Urabba Parks Proprietary Limited Constitution Bill 2021

Outline of the Urabba Parks Proprietary Limited Constitution Bill 2021

Statement of Reasonableness of the Urabba Parks Proprietary Limited Constitution Bill 2021

Covering Clauses (Urabba Parks Proprietary Limited Constitution Statute 2021)

Part 1—Preliminary

Division 1—Citation and commencement of this Statute

1 Short title

2 Commencement

Division 2—Definitions related to this Statute

3 Act to extend to the Founder’s successors

4 Definitions

Part 2—The new governance arrangements

Division 1—Establishment of the new governance arrangements

5 Establishment of jurisdiction

6 Operation of the Constitution and laws

Division 2—Transitioning to the new governance arrangements

7 Effect of existing laws

8 Transitional provisions

9 Constitution

Chapter 1—The Parliament

Part 1—General

Division 1—Preliminary

Subdivision A—Constitution of the Parliament

1 Legislative power

Subdivision B—The Manager‑General

2 Manager-General

3 Salary of Manager-General

Division 2—Definitions

4 Definitions related to this Constitution

Division 3—Sessions of the Parliament

5 Sessions of the Parliament—prorogation and dissolution

6 Yearly session of Parliament

Part 2—The legislative system

Division 1—The laws of Urabba Parks

Subdivision A—Formation and entry of agreement of jurisdiction

7 Agreement of jurisdiction

8 Entry survival and severance of agreement

Subdivision B—Implementation of jurisdiction

9 Applicability of laws

10 Effect of laws

Division 2—The places of Urabba Parks

Subdivision A—Rules relating to appointments to places

11 Appointment to places

Subdivision B—Rules relating to registration of places

12 Register of places

Division 3—Proceedings of members and directors

Subdivision A—Rules relating to resolutions of the members

13 Resolutions of the members of Urabba Parks.

14 Special resolutions

Subdivision B—Rules relating to resolutions of the directors

15 Resolutions of the directors of Urabba Parks

Division 4—The Management

16 Votes of the Enactor

17 Provisions relating to the Enactorial Household

Division 5—The legislative body

Subdivision A—The components of the legislature

18 Requirement as to deliberative components to be appointed directors

19 Effect of vacancy of deliberative component

Subdivision B—Membership of the legislative body

20 Parliamentary places

Subdivision C—Legislative officers

21 Appointment of legislative directors

22 Appointment of alternate legislative directors

Subdivision D—Proceedings of parliamentary bodies

23 Conduct of proceedings of parliamentary bodies

Part 3—The House of Ordinaries

Division 1—Appointment and term of members

Subdivision A—Appointment of members of the House of Ordinaries

24 Constitution of House of Ordinaries

25 Provisions as to appointment of members

Subdivision B—Terms of office of members of parliament

26 Removal of members

27 Alteration in the number of members

28 Duration of House of Ordinaries

29 Electoral divisions

Division 2—The electorate

Subdivision A—Electors of the House of Ordinaries

30 Qualification of electors

Subdivision B—Persons eligible to vote

31 Persons eligible to vote in internal proceedings

Subdivision C—Writs for elections for members of the House of Ordinaries

32 Writs for general election

33 Writs for vacancies

Division 3—Members of Parliament

Subdivision A—Members of the House of Ordinaries

34 Qualifications for members

Subdivision B—Officers of the House of Ordinaries

35 Election of Speaker

36 Absence of Speaker

Subdivision C—Vacancy of members

37 Resignation of member

38 Vacancy by absence

Division 4—Proceedings of the House of Ordinaries

39 Quorum

40 Voting of the House of Ordinaries

Part 4—The Houses of the Parliament

Division 1—Members of the Houses

Subdivision A—Provisions relevant to duties of responsible entities

41 Duties of members

42 Oath, affirmation or declaration of responsibility

Subdivision B—Eligibility and vacancy

43 Member of one House ineligible for other

44 Disqualification

45 Vacancy on happening of disqualification

Subdivision C—Matters related to vacancies

46 Sanction for sitting when disqualified

47 Questions of vacancy

Subdivision D—Supply benefits to members of Houses

48 Allowance to members

Division 2—Rules and orders

49 Privileges etc. of Houses

50 Rules and orders

Part 5—Powers of the Parliament

Division 1—Legislative powers

Subdivision A—Powers of the Parliament

51 Legislative powers of the Parliament

52 Exclusive powers of the Parliament

Subdivision B—Powers of the Houses of Parliament

53 Powers of the Houses in respect of legislation

Subdivision C—Money Bills

54 Appropriation Bills

55 Revenue and membership structure Bills

56 Recommendation of money votes

Subdivision D—Disagreements between the Houses

57 Disagreements over certain Bills

Division 2—Enactment of laws

58 Enactorial Assent to Bills

59 Disallowance by the Enactor

60 Signification of Enactor’s pleasure on Bills reserved

Chapter 2—The Executive Government

Part 1—Executive bodies

Division 1—The executive system

61 Executive power

Division 2—The Proprietary Council

62 Proprietary Council

63 Definition of Manager-General in Council

Part 2—Executive officers

Division 1—The Ministry

64 Ministers of Corporation

65 Number of Ministers

66 Salaries of Ministers

Division 2—Officers of agencies

67 Appointment of corporate servants

68 Command of nautical and land services

Chapter 3—The judicature

Part 1—Judicial bodies

Division 1—The judicial system

Subdivision A—Basic features of the judicial system

69 Independence of the judicature

70 Judicial and legal system places

Subdivision B—Vesting of judicial power

71 Judicial power and Courts

Division 2—Judicial officers

72 Judges’ appointment, tenure and remuneration

Part 2—Corporate jurisdiction

Division 1—Vesting of corporate jurisdiction

Subdivision A—Appellate jurisdiction of Court

73 Appellate jurisdiction of Court

74 Appeal to judicial bodies of entities having foundation in Urabba Parks

Subdivision B—Original jurisdiction of Court

75 Original jurisdiction of Court

76 Additional original jurisdiction

Subdivision C—Jurisdiction of other courts

77 Power to define jurisdiction

Division 2—Exercise of corporate jurisdiction

Subdivision A—Legislative power to regulate proceedings

78 Proceedings against Urabba Parks

79 Number of judges

Subdivision B—Rights of defendants

80 Trial by jury

Chapter 4—Finance and accountability

Part 1—Finance

Division 1—Management of finances

Subdivision A—The Consolidated Revenue Fund

81 Consolidated Revenue Fund

82 Expenditure charged thereon

83 Money to be appropriated by law

Subdivision B—Special Funds

84 Trust Fund

85 Gift Revenue Fund

Division 2—Indemnity and insurance

86 Indemnity

87 Insurance

Division 3—Service membership

88 Service membership

89 Redemption or repurchase of service membership

Division 4—Benefits

Subdivision A—Benefits generally

90 Approval of benefits

91 Contractual Approval Bills

Subdivision B—Benefits of membership

92 Rights of members to charity distributions

93 Entitlement to charity distributions

94 Distribution of surplus

Part 2—Accountability and control

Division 1—Entities

Subdivision A—Borrowing

95 Borrowing from entities

96 Financial assistance to entities

Subdivision B—Accountability

97 Audit

98 Approval of annual information statements

Subdivision C—Rights

99 Urabba Parks not to give preference

Division 2—The independent governance service

Subdivision A—Places associated with the independent governance service

100 Provisions relating to independent governance places

Subdivision B—The Visitatorial Commission

101 Visitatorial Commission

102 Qualifications for appointment to visitatorial places

103 Commissioners’ appointment, tenure and remuneration

Part 3—Members’ funds

Division 1—Charity distributions

104 Saving of certain rates

Division 2—Reduction in members’ funds

105 Selective reduction of membership

Chapter 5—The community

Part 1—Jurisdictional divisions

Division 1—Structure of jurisdictional divisions

106 Jurisdictional divisions

Division 2—Laws of jurisdictional divisions

Subdivision A—Legislative power of jurisdictional divisions

107 Power of divisional legislatures

Subdivision B—Effect of laws of jurisdictional divisions

108 Effect of divisional laws

109 Inconsistency of laws

Division 3—Government of jurisdictional divisions

110 Provisions referring to Manager

Part 2—Campus government

111 Municipal places

Part 3—Membership

Division 1—Conditions of membership

112 Membership of Urabba Parks

113 Supplemental grants of membership

114 Liabilities of members

115 Urabba Parks may act as attorney or in respect of a forfeited member

Division 2—Membership of entities

Subdivision A—The intentions of the Founder of Urabba Parks

116 Intentions of the Founder. Matters relating to the Church

Subdivision B—Rights of members of entities

117 Rights of members in jurisdictional divisions

118 Recognition of laws etc. of jurisdictional divisions

119 Protection of jurisdictional divisions from intrusion and violence

Subdivision C—Structure of entities

120 Associations

Chapter 6—New regions

121 New regions may be admitted or established

122 Government of territories

123 Alteration of limits of regions

124 Formation of new regions

Chapter 7—Miscellaneous

125 Seat of Government

126 Power to Mister Enactor to authorise Manager-General to appoint deputies

127 Miscellaneous places

Chapter 8—Alteration of the Constitution

128 Mode of altering this Constitution

129 Conduct of referendum

130 Effectiveness of alterations to this Constitution

Chapter 9—Visitations

Part 1—Visitations of Urabba Parks

Division 1—Application of matters subject to visitation

131 Application of this Chapter

Division 2—Specification of matters subject to visitation

132 Reporting on matters etc.

133 Legislative powers and responsibilities in relation to this Chapter

Part 2—Urabba Parks Bill of Rights

Division 1—Individual rights

Subdivision A—Position on human rights

134 Human rights

Subdivision B—Position on individual rights

135 Dignity of the individual

136 Protection of the environment

137 Fair comment

138 Equity of access, opportunity and representation

Division 2—Community rights

Subdivision A—Public interest rights and responsibilities

139 Ethics and risk management

140 Freedom of information

141 Protection for whistleblowers

Subdivision B—Relationship rights and responsibilities

142 Respectful relationships

143 Relationships with other entities

144 Working with other charities

Subdivision C—Stakeholder rights and responsibilities

145 Recognition of traditional owners

146 Consideration of matters raised in consultations and petitions

147 Incorporation of stakeholders

148 Service delivery

149 Health and safety and matters related to communication services

Division 1—The way forward

Subdivision A—Planning on the way forward

150 Moving forward

Subdivision B—Ensuring the way forward is consistent with the intentions of the Founder

151 Statement of reasonableness

Division 2—How we go forward

Subdivision A—Principles on the way forward

152 Adoption of United Nations Sustainable Development Goals

Subdivision B—Purposes on the way forward

153 Novel charitable purposes

Schedule 1—Oath, affirmation and declaration

1 Oath

2 Affirmation

3 Declaration

Schedule 2—Entrenchments

Part 1—Entrenched matters

1 Table of entrenchments

2 Reading of table of entrenchments

Part 2—Entrenchable matter

Division 1—Conditions of inclusion

3 Conditions of inclusion in entrenchments

4 Incidental matter

Division 2—Governance structure related matters

Subdivision A—Matters affecting representation

5 Representation matter

Subdivision B—Matters affecting visitation

6 Visitational matter

Subdivision C—Matters affecting jurisdictional divisions

7 Divisional matter

Subdivision D—Matters affecting campus government

8 Campus government matter

Division 3—Membership structure related matters

Subdivision A—Matters affecting ordinary members

9 Ordinary membership matter

10 Succession and presentation matter

Subdivision B—Matters affecting service members

11 Service membership matter

Subdivision C—Matters affecting patron members

12 Patron membership matter

Notes to the Constitution

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Resolutions and instruments related to the Constitution

Resolutions of the sole member of Urabba Parks Proprietary Limited made at Urabba Street Reserve, Rankins Springs, New South Wales, on Friday, 5 March 2021 (including the resolution adopting the Constitution)

Proclamation declaring the establishment of jurisdiction

Letters patent relating to the grant of Arms and Crest to Daniel James Racovolis, Gentleman, of Garter Principal King of Arms with Clarenceux and Norroy and Ulster Kings of Arms (Coll. Arms Grants 2008 No. 173.114), dated 30 January 2008

Letters patent relating to the Manager-General of Urabba Parks Proprietary Limited, of the Enactor of Urabba Parks Proprietary Limited (Constitution (Manager‑General) Letters Patent 2021), as in force on 6 March 2021