Constitution of Urabba Parks/Section 103: Difference between revisions
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(1) The Manager‑General in Council may appoint by commission: | (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 (1)(b), and withdraw the nomination of such a person. | (2) A Commissioner of the Visitatorial Commission may nominate an individual as Alternate Commissioner under paragraph (1)(b), and withdraw the nomination of such a person. | ||
== Vacancy of occupants of visitatorial places == | == Vacancy of occupants of visitatorial places == | ||
(3) An occupant of a visitatorial place (category V) ceases to occupy the place if: | (3) An occupant of a visitatorial place (category V) ceases to occupy the place if: | ||
:(a) the occupant: | |||
::(i) ceases to have the qualifications applicable under subsection 102(1); or | |||
::(ii) is removed from office under subsection (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::(i) is withdrawn by the presenter; | |||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 (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 == | == Cessation of presentation to visitatorial places == | ||
(4) The presentation of an occupant shall cease if the presenter: | (4) The presentation of an occupant shall cease if the presenter: | ||
:(a) presents to a place of an entity having foundation in Urabba Parks involved with the exercise of visitatorial or protectoral power; | |||
:(b) ceases to hold the qualifications: | |||
::(i) under subsection 102(1); or | |||
::(ii) under subsection 102(3), insofar as they are applicable to the presenter; | |||
:(c) falls in subsection 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 (5). | |||
== Removal of occupants of visitatorial places == | == Removal of occupants of visitatorial places == | ||
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(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. | (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: | <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 100(1).</small> | ||
(7) Except as provided by this section: | (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 == | == 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 90(3), but no such remuneration shall be diminished during the occupant’s continuance in office, except with the consent of the Visitatorial Commission. | (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 90(3), but no such remuneration shall be diminished during the occupant’s continuance in office, except with the consent of the Visitatorial Commission. | ||
Revision as of 09:56, 22 September 2021
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 (1)(b), and withdraw the nomination of such a person.
Vacancy of occupants of visitatorial places
(3) An occupant of a visitatorial place (category V) ceases to occupy the place if:
- (a) the occupant:
- (i) ceases to have the qualifications applicable under subsection 102(1); or
- (ii) is removed from office under subsection (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 (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 Parks involved with the exercise of visitatorial or protectoral power;
- (b) ceases to hold the qualifications:
- (i) under subsection 102(1); or
- (ii) under subsection 102(3), insofar as they are applicable to the presenter;
- (c) falls in subsection 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 (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.
Note: The Visitatorial Commission may still have to determine the grounds of removal are reasonable for the resolution to have any effect: see subsection 100(1).
(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 90(3), but no such remuneration shall be diminished during the occupant’s continuance in office, except with the consent of the Visitatorial Commission.