Constitution of Urabba Parks/Section 10
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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:
| 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.
Relevant notes from the Explanatory Memorandum
76. Subsection (1) provides that, subject to this section, laws made under the Constitution have effect as if expressed in the Constitution. This means that matters that are usually covered by corporate constitutions, such as the rights of members and the conduct of their meetings, may be dealt with by way of laws made by the Parliament. Subsection (2) provides for the invalidity of laws in the case of inconsistency with higher-ranking laws as set out in subsection (3).
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 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;
- (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);
- (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);
- (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).
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.