Constitution of Urabba Parks/Section 11

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Appointment to places

Directors to occupy only one director place

(1)  Each director and alternate director of Urabba Parks shall only be appointed a director or alternate director by virtue of one registered place that is a director place (category D).

Secretaries to occupy only one secretary place

(2)  Each secretary of Urabba Parks shall only be appointed by virtue of one registered place that is a secretary place (category S).

Removal of elected places

(3)  Only the members who have the rights to elect a place shall be eligible to vote upon any removal of the occupant of the place of which the members are the relevant members under law, provided that the enacting component of the legislature shall be the relevant member if no other relevant members are provided under law in respect of the place.

Succession to a place among members

(4)  Unless otherwise agreed to by each eligible member of Urabba Parks holding membership of a class of members eligible to succeed to a place who is eligible to succeed to the place, the succession to the place shall be determined by those members, and in the absence of an agreement or resolution, the place vests in the first-numbered membership eligible to succeed to the place, but if the membership in the class of members is not numbered:

(a)  members shall rank in the order they became members of the class of members; and

(b)  two or more members who became members of the class at the same time shall rank in the order the member appears in the register of members.

Rights of member to withdraw presentation

(5)  A member who holds membership of Urabba Parks of which an occupant of a place is appointed upon presentation of the member may:

(a)  unless otherwise provided under law, present themselves for appointment; and

(b)  despite any other law, practice or usage to the contrary, withdraw the presentation, and the place of the occupant shall thereupon become vacant.

Engagement of employees

(6)  Urabba Parks may only engage or continue to utilise the services of an occupant of an engagement place (category E) who has agreed to the operation of subsection 9(2).

Titular places

(7)  A registered place is only a titular place (category T) if the place:

(a)  is occupied by a member of the foundation group of which Urabba Parks is a member, or in the case of foundation being held in common among members, by a person removable by those members or by the legislature; or

(b)  is created under the Management and succeeded to or appointed upon presentation by an ordinary member.

Relevant notes from the Explanatory Memorandum

88. Subsection (1) provides that a register of places must be kept by the directors or some other person appointed under law, including the item number and name of the place, and details of the creation, former names, and occupation (or purported occupation) of the place. Subsection (2) provides for the evidentiary value of the registers. Having a register of places is essential to Urabba Parks meeting its legal obligations (such as maintaining personnel and member records) and for the preparation of historical records (such as parliamentary handbooks).