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 (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(i)  is withdrawn by the presenter;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.