Constitution of Urabba Parks/Section 10: Difference between revisions

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(5)  Despite any other law, Urabba Parks shall:
(5)  Despite any other law, Urabba Parks shall:


(a)  only have objects that are charitable purposes, or that are incidental or ancillary to, and in furtherance or in aid of to them; and
:(a)  only have objects that are charitable purposes, or that are incidental or ancillary to, and in furtherance or in aid of to them; and


(b)  not have a disqualifying purpose.
:(b)  not have a disqualifying purpose.


(6)  In this section, '''''charitable purpose''''' has the meaning given by section 12 of the ''Charities Act 2013'' of the Parliament of the Commonwealth ('''''CA2013''''') and '''''disqualifying purpose''''' has the meaning given by section 11 of CA2013.
(6)  In this section, '''''charitable purpose''''' has the meaning given by section 12 of the ''Charities Act 2013'' of the Parliament of the Commonwealth ('''''CA2013''''') and '''''disqualifying purpose''''' has the meaning given by section 11 of CA2013.
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(7)  No law of Urabba Parks shall be of effect to the extent that the law requires or allows for a person to engage in conduct, or omit to engage in conduct, if the conduct or omission may be dealt with:
(7)  No law of Urabba Parks shall be of effect to the extent that the law requires or allows for a person to engage in conduct, or omit to engage in conduct, if the conduct or omission may be dealt with:


(a)  as a criminal offence under an Australian law (even if the offence is a summary offence); or
:(a)  as a criminal offence under an Australian law (even if the offence is a summary offence); or


(b)  by way of a civil penalty under an Australian law.
:(b)  by way of a civil penalty under an Australian law.





Revision as of 19:16, 20 September 2021

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Effect of laws

(1)  Subject to this section, a law or rule falling in the table in subsection (3) have effect as if the law or rule is expressed in this Constitution.

(2)  A law falling in a particular item in the table in subsection (3) is of no effect to the extent such law is inconsistent with a law falling in a previous item in the table.

Sources of law

(3)  This table sets out the particular sources of law:

Table 6: Particular sources of law
Item Source of law
1 Provisions of this Constitution falling in an entrenchment, provided that a provisions shall be of no effect to the extent they the provision areis inconsistent with provisions another provision falling in another entrenchment above or falling in the entrenchment
1A Laws of non-state jurisdictions with legislative rights over Urabba Parks
2 Provisions contained in enactments of Urabba Parks other than those actually expressed in this Constitution falling in an entrenchment, provided that a provision shall be of no effect to the extent that the provision is inconsistent with provisions falling in another entrenchment above or falling in the entrenchment
3 Provisions actually expressed in this Constitution
4 Enactments of Urabba Parks
5 Precedents binding on the judicature of Urabba Parks
6 Provisions in the Corporations Act 2001 of the Parliament of the Commonwealth that would apply as mandatory rules or replaceable rules to a public company not registered under the Australian Charities and Not-for-profits Commission Act 2012 of the Parliament of the Commonwealth6, excepting Replaceable Rules that affect the appointment or term of a director, secretary or other officer
7 Law and rules existing at the establishment of jurisdiction

Provision relevant to purposes and not-for-profit nature

(4)  No law of Urabba Parks shall be of effect to the extent that the law requires or allows for the application of money or other property for purposes that are not charitable purposes, or incidental or necessary to the carrying out of those purposes.

(5)  Despite any other law, Urabba Parks shall:

(a)  only have objects that are charitable purposes, or that are incidental or ancillary to, and in furtherance or in aid of to them; and
(b)  not have a disqualifying purpose.

(6)  In this section, charitable purpose has the meaning given by section 12 of the Charities Act 2013 of the Parliament of the Commonwealth (CA2013) and disqualifying purpose has the meaning given by section 11 of CA2013.

Provision relevant to compliance with Australian law

(7)  No law of Urabba Parks shall be of effect to the extent that the law requires or allows for a person to engage in conduct, or omit to engage in conduct, if the conduct or omission may be dealt with:

(a)  as a criminal offence under an Australian law (even if the offence is a summary offence); or
(b)  by way of a civil penalty under an Australian law.