Editing Constitution of Urabba Parks/Section 10
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:(b) judicial bodies: see [[Constitution of Urabba Parks/Section 79|section 79]]. | :(b) judicial bodies: see [[Constitution of Urabba Parks/Section 79|section 79]]. | ||
'''Note V:''' Proceedings of members are usually initiated by the Manager‑General in Council, in the case of general elections (see [[Constitution of Urabba Parks/Section 32|section 32]]) and referenda (see section 128). The Speaker may issue the writ for the election to fill a casual vacancy in the House of Ordinaries: see | '''Note V:''' Proceedings of members are usually initiated by the Manager‑General in Council, in the case of general elections (see [[Constitution of Urabba Parks/Section 32|section 32]]) and referenda (see section 128). The Speaker may issue the writ for the election to fill a casual vacancy in the House of Ordinaries: see section 33. | ||
'''Note VI:''' The Parliament may legislate for the conduct of proceedings of members of Urabba Parks: see | '''Note VI:''' The Parliament may legislate for the conduct of proceedings of members of Urabba Parks: see subparagraph 51(b)(xviii). | ||
'''Note VII:''' The Parliament may legislate for a charity distribution to ordinary members: see | '''Note VII:''' The Parliament may legislate for a charity distribution to ordinary members: see subparagraph 51(b)(iii). | ||
'''Note VIII:''' Membership is not transferrable or transmissible except as provided under law: see | '''Note VIII:''' Membership is not transferrable or transmissible except as provided under law: see section 113. | ||
= <span id="EM"></span>Relevant notes from the Explanatory Memorandum = | = <span id="EM"></span>Relevant notes from the Explanatory Memorandum = | ||
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77. Subsection (3) creates a hierarchy of law and names the various sources of the law; such as | 77. Subsection (3) creates a hierarchy of law and names the various sources of the law; such as | ||
:(A) provisions of this Constitution falling in an entrenchment, provided that provisions shall be of no effect to the extent they are inconsistent with provisions falling in another entrenchment above or falling in the entrenchment (see | :(A) provisions of this Constitution falling in an entrenchment, provided that provisions shall be of no effect to the extent they are inconsistent with provisions falling in another entrenchment above or falling in the entrenchment (see note 353 for more information on this table); | ||
:(B) law of entities with legislative rights over Urabba Parks (item 1A) – this item provides for the effect of the law of those entities as laws of Urabba Parks; | :(B) law of entities with legislative rights over Urabba Parks (item 1A) – this item provides for the effect of the law of those entities as laws of Urabba Parks; | ||
:(C) provisions contained in enactments of Urabba Parks other than those actually expressed in this Constitution falling in an entrenchment, provided that provisions shall be of no effect to the extent they are inconsistent with provisions falling in another entrenchment above or falling in the entrenchment (item 2) – this allows for the entrenchment of certain laws other than this Constitution, such as entrenchable matter falling in | :(C) provisions contained in enactments of Urabba Parks other than those actually expressed in this Constitution falling in an entrenchment, provided that provisions shall be of no effect to the extent they are inconsistent with provisions falling in another entrenchment above or falling in the entrenchment (item 2) – this allows for the entrenchment of certain laws other than this Constitution, such as entrenchable matter falling in subclause 3(2) of Schedule 2 (see note 358); | ||
:(D) provisions actually expressed in this Constitution other than provisions falling in a previous item (item 3) – this allows for the supremacy of the Constitution over other laws (with the exception of those laws falling above); | :(D) provisions actually expressed in this Constitution other than provisions falling in a previous item (item 3) – this allows for the supremacy of the Constitution over other laws (with the exception of those laws falling above); | ||
:(E) enactments of Urabba Parks other than laws falling in a previous item of this table (item 4) – this will represent the overwhelming majority of legislation; | :(E) enactments of Urabba Parks other than laws falling in a previous item of this table (item 4) – this will represent the overwhelming majority of legislation; | ||
:(F) precedent binding on the judicature of Urabba Parks (item 5); | :(F) precedent binding on the judicature of Urabba Parks (item 5); | ||
:(G) provisions in the | :(G) provisions in the Corporations Act 2001 that would apply either as mandatory rules or replaceable rules to a public company not registered under the Australian Charities and Not-for-profits Commission Act 2012, excepting replaceable rules that affect the appointment or term of a director, secretary or other officer (item 6); and | ||
:(H) law and rules existing at the establishment of jurisdiction (item 7). | :(H) law and rules existing at the establishment of jurisdiction (item 7). | ||
78. Subsection (4) also limits the effect of laws that would cause Urabba Parks to apply its money or other property to objects other than charitable purposes, or engage in activity that may be dealt with as an indictable offence or civil penalty under Australian law. Subsection (5) limits the objects of Urabba Parks to ‘charitable purposes’ and provides Urabba Parks shall not have ‘disqualifying purposes’ (terms which under subsection (6) have the meaning given by sections 11 and 12 of the | 78. Subsection (4) also limits the effect of laws that would cause Urabba Parks to apply its money or other property to objects other than charitable purposes, or engage in activity that may be dealt with as an indictable offence or civil penalty under Australian law. Subsection (5) limits the objects of Urabba Parks to ‘charitable purposes’ and provides Urabba Parks shall not have ‘disqualifying purposes’ (terms which under subsection (6) have the meaning given by sections 11 and 12 of the Charities Act 2013). Furthermore subsection (7) voids laws if the law would make a person liable for a criminal offence or civil penalty under Australian law. These provisions are relevant to ensure Urabba Parks’ adherence to ACNC Governance Standards 1 and 3. | ||