Editing Constitution of Urabba Parks/Section 103

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= Commissioners’ appointment, tenure and remuneration =
(1)  The Manager‑General in Council may appoint by commission:

:(a)  Commissioners of the Visitatorial Commission on the presentation of a visitational member; and

:(b)  Alternate Commissioners of the Visitatorial Commission upon nomination by Commissioners of the Visitatorial Commission.

(2)  A Commissioner of the Visitatorial Commission may nominate an individual as Alternate Commissioner under paragraph&nbsp;(1)(b), and withdraw the nomination of such a person.

== Vacancy of occupants of visitatorial places ==
(3)  An occupant of a visitatorial place (category&nbsp;V) ceases to occupy the place if:

:(a)  the occupant:

::(i)  ceases to have the qualifications applicable under subsection&nbsp;102(1); or

::(ii)  is removed from office under subsection&nbsp;(5);

:(b)  in the case of a occupant appointed upon presentation – the occupant’s presentation:

::(i)  is withdrawn by the presenter;

::(ii)  ceases under subsection&nbsp;(4), or under the terms of a deed or agreement entered into by the presenter; or

:(c)  in the case of an occupant appointed upon nomination by another occupant – the other occupant:

::(i)  withdraws the nomination in writing to the appointor of the occupant; or

::(ii)  ceases to occupy the place by virtue of which gives the other occupant the power to nominate a person for appointment as the occupant.

== Cessation of presentation to visitatorial places ==
(4)  The presentation of an occupant shall cease if the presenter:

:(a)  presents to a place of an entity having foundation in Urabba&nbsp;Parks involved with the exercise of visitatorial or protectoral power;

:(b)  ceases to hold the qualifications:

::(i)  under subsection&nbsp;102(1); or

::(ii)  under subsection&nbsp;102(3), insofar as they are applicable to the presenter;

:(c)  falls in subsection&nbsp;102(2);

:(d)  exercises or purports to exercise any rights attaching to visitational membership, except by way of a Commissioner or Alternate Commissioner;

:(e)  is removed under subsection&nbsp;(5).

== Removal of occupants of visitatorial places ==
(5)  The Manager‑General in Council may remove the occupant of a visitatorial place on the presentation to the Manager‑General in Council of an address agreed to by a three-fifths majority of the members of each House of the Parliament in the same session praying for such removal on reasonable grounds.

(6)  A resolution of a House of the Parliament or each of the Houses of the Parliament praying for the removal of an occupant of a visitatorial place is void unless the Minister has not laid or caused to be laid before each House of the Parliament a full statement of the ground or grounds by which the resolution is proposed.

<small>Note: The Visitatorial Commission may still have to determine the grounds of removal are reasonable for the resolution to have any effect: see subsection&nbsp;100(1).</small>

(7)  Except as provided by this section:

:(a)  no occupant of a visitatorial place can be removed from office;

:(b)  the presentation of a visitatorial place does not cease;

:(c)  no presenter of a visitatorial place may be removed.

== Remuneration of occupants of visitatorial places ==
(8)  The occupant of a visitatorial place serves on an honorary basis unless remuneration has been fixed by the Parliament and such remuneration is an approved benefit under item 4 of the table in subsection&nbsp;90(3), but no such remuneration shall be diminished during the occupant’s continuance in office, except with the consent of the Visitatorial Commission.



= <span id="EM"></span>Relevant notes from the Explanatory Memorandum =
263. This section&nbsp;provides the Manager‑General in Council may appoint of Commissioners of the Visitatorial Commission including:
:(A) members of the Commission, known as Commissioners, appointed on the presentation of a visitational member;
:(B) Alternate Commissioners, being individuals who may act on behalf of a member of the Commission.

264. The circumstances of which the office of a visitatorial place (category&nbsp;V) (including a Commissioner) may become vacant are limited.  Subsection&nbsp;(3) provides a visitatorial place becomes vacant when the occupant is removed under subsection&nbsp;(5), ceases to have the qualifications, or upon the cessation of the nomination or presentation.  Subsection&nbsp;(4) provides for the cessation of a presentation in the case of the presenter presenting to a place of an entity having foundation in Urabba&nbsp;Parks involved with the exercise of visitatorial or protectoral power, ceasing to be themselves qualified to present, exercises or purports to exercise any rights attaching to Visitational membership except by way of a Commissioner, or is removed under subsection&nbsp;(5).

265. Under subsection&nbsp;(5), the occupant of a category&nbsp;V place is only removable upon a resolution passed by the Houses of the Parliament made on a statement made under subsection&nbsp;(6) by the Minister responsible for the Commission of the ground or grounds by which the resolution is proposed.  Under subsection&nbsp;100(1), removal would also have to be approved by any members of the Commission, a note&nbsp;to this effect is included under subsection&nbsp;(5) of this section.  It is important to note&nbsp;a connected entity of the Commissioner being removed may not vote as a member of the Visitatorial Commission on the matter.  There is a note&nbsp;below subsection&nbsp;(6) that references subsection&nbsp;100(3) extending the definition of ‘connected entity’ of the holder of a visitatorial place (category&nbsp;V).  Subsection&nbsp;(7) confirms that occupiers of visitatorial places may only be removed by virtue of this section.

266. Subsection&nbsp;(8) provides Commissioners serve on an honorary basis unless the Parliament approves remuneration (in the form of presentation fees) under item&nbsp;4 of the table in subsection&nbsp;90(3) (see note&nbsp;232:(D)), and that such fees may not be reduced, except with the consent of the Visitatorial Commission.  The intention of these provisions is to protect the independence of the Commission.



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