Constitution of Urabba Parks/Section 102: Difference between revisions
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= Qualifications for appointment to visitatorial places = | = Qualifications for appointment to visitatorial places = | ||
== Qualification == | == <span id="s1"></span>Qualification == | ||
(1) Subject to this Subdivision, a person is qualified under this section to present or be appointed to a visitatorial place (category V) if the person occupies at least one place as set out in this table: | (1) Subject to this Subdivision, a person is qualified under this section to present or be appointed to a visitatorial place (category V) if the person occupies at least one place as set out in this table: | ||
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! style="width: 95%; text-align:left;"|Qualification | ! style="width: 95%; text-align:left;"|Qualification | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
|1 | |<span id="item1"></span>1 | ||
|Officially charged with spiritual functions by a religious institution | |Officially charged with spiritual functions by a religious institution | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
|2 | |<span id="item2"></span>2 | ||
|Falling in Schedule II of the ''Statutory Declarations Regulations 1993'' of the Commonwealth | |Falling in Schedule II of the ''Statutory Declarations Regulations 1993'' of the Commonwealth | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
|3 | |<span id="item3"></span>3 | ||
|Appointed a member of an Order or the recipient of a Decoration or Medal listed in the ''Order of Wearing of Australian Honours and Awards'' as notified by the Governor‑General granted on the advice or approval of a Government in the Commonwealth | |Appointed a member of an Order or the recipient of a Decoration or Medal listed in the ''Order of Wearing of Australian Honours and Awards'' as notified by the Governor‑General granted on the advice or approval of a Government in the Commonwealth | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
|4 | |<span id="item4"></span>4 | ||
|A director of an entity included in the official list of a financial market prescribed for the purposes of section 9 of the ''Corporations Act 2001'' of the Parliament of the Commonwealth (including a financial market operated by an entity falling in Regulation 1.0.02A of the ''Corporations Regulations 2001'' of the Commonwealth) | |A director of an entity included in the official list of a financial market prescribed for the purposes of section 9 of the ''Corporations Act 2001'' of the Parliament of the Commonwealth (including a financial market operated by an entity falling in Regulation 1.0.02A of the ''Corporations Regulations 2001'' of the Commonwealth) | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
|5 | |<span id="item5"></span>5 | ||
|A religious entity | |A religious entity | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
|6 | |<span id="item6"></span>6 | ||
|An entity registered under the ''Australian Charities and Not-for-profits Commission Act 2012'' of the Parliament of the Commonwealth | |An entity registered under the ''Australian Charities and Not-for-profits Commission Act 2012'' of the Parliament of the Commonwealth | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
|7 | |<span id="item7"></span>7 | ||
|A company that has the sole purpose of being a trustee for one or more charitable trusts; | |A company that has the sole purpose of being a trustee for one or more charitable trusts; | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
|8 | |<span id="item8"></span>8 | ||
|A company of which each director falls in this table | |A company of which each director falls in this table | ||
|} | |} | ||
== Disqualification == | == <span id="s2"></span>Disqualification == | ||
(2) A person is not qualified to present to or be appointed to a visitatorial place if the person: | (2) A person is not qualified to present to or be appointed to a visitatorial place if the person: | ||
:(a) is an individual incapable of becoming a legislative director, for any reason other than: | :<span id="par2a"></span>(a) is an individual incapable of becoming a legislative director, for any reason other than: | ||
::(i) occupying a visitatorial place; or | ::<span id="par2a-i"></span>(i) occupying a visitatorial place; or | ||
::(ii) the receipt of being a connected entity of a person in receipt of supply benefits falling in paragraph (b); | ::<span id="par2a-ii"></span>(ii) the receipt of being a connected entity of a person in receipt of supply benefits falling in paragraph (b); | ||
:(b) in receipt of supply benefits or a connected entity of an entity in receipt of supply benefits from any entity within the foundation influence group of which Urabba Parks is Head other than benefits: | :<span id="par2b"></span>(b) in receipt of supply benefits or a connected entity of an entity in receipt of supply benefits from any entity within the foundation influence group of which Urabba Parks is Head other than benefits: | ||
::(i) that are exempt benefits; or | ::<span id="par2b-i"></span>(i) that are exempt benefits; or | ||
::(ii) of which are approved benefits. | ::<span id="par2b-ii"></span>(ii) of which are approved benefits. | ||
== Legislative powers in relation to qualification == | == <span id="s3"></span>Legislative powers in relation to qualification == | ||
(3) The Parliament may provide for qualifications for presenters and persons appointed to visitatorial places, but no such qualifications shall be applicable on current occupants of visitatorial places or their presenters unless the occupant or presenter has consented to the operation of the law. | (3) The Parliament may provide for qualifications for presenters and persons appointed to visitatorial places, but no such qualifications shall be applicable on current occupants of visitatorial places or their presenters unless the occupant or presenter has consented to the operation of the law. | ||
(4) Until the Parliament provides for a higher grade, a visitational member holding at least one share of Visitational membership may present a person for appointment as a Commissioner of the Visitatorial Commission. | <span id="s4"></span>(4) Until the Parliament provides for a higher grade, a visitational member holding at least one share of Visitational membership may present a person for appointment as a Commissioner of the Visitatorial Commission. | ||
<span id="s5"></span>(5) No increase of any grade in qualification for a presenter of a member shall be applicable on the presenters of current members. | |||
= <span id="EM"></span>Relevant notes from the Explanatory Memorandum = | = <span id="EM"></span>Relevant notes from the Explanatory Memorandum = | ||
260. Subsection (1) specifies the qualifications for appointment to visitatorial places (category V). In order to qualify for appointment, an individual must be officially charged with spiritual functions by a religious institution, a person falling in Schedule II of the ''Statutory Declarations Regulations 1993'', appointed a member of an Order or the recipient of a Decoration or Medal listed in the Order of Wearing of Australian Honours and Awards as notified by the Governor‑General granted on the advice or approval of a Government in the Commonwealth or a director of an entity included in the official list of a financial market prescribed for the purposes of section 9 of the Corporations Act 2001 (including a financial market operated by an entity falling in Regulation 1.0.02A of the ''Corporations Regulations 2001''). A corporate holder of a visitatorial place (such as a corporate presenter of a Commissioner of the Visitatorial Commission) must be a religious entity, registered charity, corporate trustee of a charity or a listed company. The reason for the qualifications are to ensure that Commissioners of the Visitatorial Commission and management committees of public funds are those who, by virtue of their public office or membership of a profession, has a responsibility to the Australian community. | 260. Subsection (1) specifies the qualifications for appointment to visitatorial places (category V). In order to qualify for appointment, an individual must be officially charged with spiritual functions by a religious institution, a person falling in Schedule II of the ''Statutory Declarations Regulations 1993'', appointed a member of an Order or the recipient of a Decoration or Medal listed in the Order of Wearing of Australian Honours and Awards as notified by the Governor‑General granted on the advice or approval of a Government in the Commonwealth or a director of an entity included in the official list of a financial market prescribed for the purposes of section 9 of the ''Corporations Act 2001'' (including a financial market operated by an entity falling in Regulation 1.0.02A of the ''Corporations Regulations 2001''). A corporate holder of a visitatorial place (such as a corporate presenter of a Commissioner of the Visitatorial Commission) must be a religious entity, registered charity, corporate trustee of a charity or a listed company. The reason for the qualifications are to ensure that Commissioners of the Visitatorial Commission and management committees of public funds are those who, by virtue of their public office or membership of a profession, has a responsibility to the Australian community. | ||
261. Subsection (2) provides that a person who is disqualified from becoming a legislative director (other than by virtue of occupying a visitatorial place), or is in receipt of benefits other than approved benefits or exempt benefits from any entity in the foundation influence group is disqualified from occupying a category V place. The intention of this section | 261. Subsection (2) provides that a person who is disqualified from becoming a legislative director (other than by virtue of occupying a visitatorial place), or is in receipt of benefits other than approved benefits or exempt benefits from any entity in the foundation influence group is disqualified from occupying a category V place. The intention of this section is to ensure the quality of appointments to visitatorial officers by applying the qualifications of legislative directors. | ||
262. | 262. Subsections (3) to (5) further consolidate the independence requirements in this section by limiting the effect of any further qualifications imposed by Parliament to future appointees, or those who have consented to the operation of the law imposing the qualification. | ||
Revision as of 15:23, 7 October 2021
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Qualifications for appointment to visitatorial places
Qualification
(1) Subject to this Subdivision, a person is qualified under this section to present or be appointed to a visitatorial place (category V) if the person occupies at least one place as set out in this table:
| Item | Qualification |
|---|---|
| 1 | Officially charged with spiritual functions by a religious institution |
| 2 | Falling in Schedule II of the Statutory Declarations Regulations 1993 of the Commonwealth |
| 3 | Appointed a member of an Order or the recipient of a Decoration or Medal listed in the Order of Wearing of Australian Honours and Awards as notified by the Governor‑General granted on the advice or approval of a Government in the Commonwealth |
| 4 | A director of an entity included in the official list of a financial market prescribed for the purposes of section 9 of the Corporations Act 2001 of the Parliament of the Commonwealth (including a financial market operated by an entity falling in Regulation 1.0.02A of the Corporations Regulations 2001 of the Commonwealth) |
| 5 | A religious entity |
| 6 | An entity registered under the Australian Charities and Not-for-profits Commission Act 2012 of the Parliament of the Commonwealth |
| 7 | A company that has the sole purpose of being a trustee for one or more charitable trusts; |
| 8 | A company of which each director falls in this table |
Disqualification
(2) A person is not qualified to present to or be appointed to a visitatorial place if the person:
- (a) is an individual incapable of becoming a legislative director, for any reason other than:
- (i) occupying a visitatorial place; or
- (ii) the receipt of being a connected entity of a person in receipt of supply benefits falling in paragraph (b);
- (b) in receipt of supply benefits or a connected entity of an entity in receipt of supply benefits from any entity within the foundation influence group of which Urabba Parks is Head other than benefits:
- (i) that are exempt benefits; or
- (ii) of which are approved benefits.
Legislative powers in relation to qualification
(3) The Parliament may provide for qualifications for presenters and persons appointed to visitatorial places, but no such qualifications shall be applicable on current occupants of visitatorial places or their presenters unless the occupant or presenter has consented to the operation of the law.
(4) Until the Parliament provides for a higher grade, a visitational member holding at least one share of Visitational membership may present a person for appointment as a Commissioner of the Visitatorial Commission.
(5) No increase of any grade in qualification for a presenter of a member shall be applicable on the presenters of current members.
Relevant notes from the Explanatory Memorandum
260. Subsection (1) specifies the qualifications for appointment to visitatorial places (category V). In order to qualify for appointment, an individual must be officially charged with spiritual functions by a religious institution, a person falling in Schedule II of the Statutory Declarations Regulations 1993, appointed a member of an Order or the recipient of a Decoration or Medal listed in the Order of Wearing of Australian Honours and Awards as notified by the Governor‑General granted on the advice or approval of a Government in the Commonwealth or a director of an entity included in the official list of a financial market prescribed for the purposes of section 9 of the Corporations Act 2001 (including a financial market operated by an entity falling in Regulation 1.0.02A of the Corporations Regulations 2001). A corporate holder of a visitatorial place (such as a corporate presenter of a Commissioner of the Visitatorial Commission) must be a religious entity, registered charity, corporate trustee of a charity or a listed company. The reason for the qualifications are to ensure that Commissioners of the Visitatorial Commission and management committees of public funds are those who, by virtue of their public office or membership of a profession, has a responsibility to the Australian community.
261. Subsection (2) provides that a person who is disqualified from becoming a legislative director (other than by virtue of occupying a visitatorial place), or is in receipt of benefits other than approved benefits or exempt benefits from any entity in the foundation influence group is disqualified from occupying a category V place. The intention of this section is to ensure the quality of appointments to visitatorial officers by applying the qualifications of legislative directors.
262. Subsections (3) to (5) further consolidate the independence requirements in this section by limiting the effect of any further qualifications imposed by Parliament to future appointees, or those who have consented to the operation of the law imposing the qualification.