Editing Constitution of Urabba Parks/Section 112
The edit can be undone. Please check the comparison below to verify that this is what you want to do, and then publish the changes below to finish undoing the edit.
Latest revision | Your text | ||
Line 1: | Line 1: | ||
[[Constitution of Urabba Parks/Contents|Table]]|[[Constitution of Urabba Parks/ | [[Constitution of Urabba Parks/Contents|Table]]|[[Constitution of Urabba Parks/notes|Notes]]|[[Constitution of Urabba Parks/Section 111|Previous]]|[[Constitution of Urabba Parks/Section 113|Next]]|[[Constitution of Urabba Parks/Download|Download]] | ||
= Membership of Urabba Parks = | = Membership of Urabba Parks = | ||
(1) Each member of Urabba Parks agrees to: | |||
: | :(a) support the nature of Urabba Parks; | ||
: | :(b) pay the membership fees levied in respect of membership held by the member; | ||
: | :(c) serve on a jury or make lawful arrangements for a person to serve on a jury if and when required; | ||
: | :(d) pay any pledge on membership held by the member if and when required, including upon winding-up or on a lawful call made on the membership. | ||
<small>Note 1: A member of Urabba Parks is a party to the agreement of jurisdiction: see | <small>Note 1: A member of Urabba Parks is a party to the agreement of jurisdiction: see paragraph 8(1)(a).</small> | ||
<small>Note 2: The nature of Urabba Parks is charity and democracy: see | <small>Note 2: The nature of Urabba Parks is charity and democracy: see paragraphs 116(1)(d) and (e).</small> | ||
== | == Conditions of original grants of membership == | ||
(2) No original grant of membership within a class may take place unless: | (2) No original grant of membership within a class may take place unless: | ||
: | :(a) except in relation to affiliate membership – any membership of the class or of which may convert upon the option of the member to the class that is liable to be sold first by Urabba Parks as attorney is granted first before any original grant takes place; and | ||
: | :(b) membership to be originally granted paragraph (a) is allotted under law. | ||
(3) In subsection (2), a reference to membership of a class liable to be sold includes membership of another class that may convert into the class at the option of the member. | |||
== | == Variation and cancellation of rights of membership == | ||
(4) For the purposes of any enactment, including section 246B of the ''Corporations Act 2001'' of the Parliament of the Commonwealth, rights in respect of a class of membership may be varied and cancelled, and membership may be converted from one class to another by or under the following: | (4) For the purposes of any enactment, including section 246B of the ''Corporations Act 2001'' of the Parliament of the Commonwealth, rights in respect of a class of membership may be varied and cancelled, and membership may be converted from one class to another by or under the following: | ||
: | :(a) the making, repeal or amendment of a law of Urabba Parks, or by the operation of such law (whether at a time to be fixed under the law or upon any act done under the law); | ||
: | :(b) a resolution of the members of Urabba Parks (other than a resolution to enact a law) made on the advice of the directors, but only in respect of membership of a class established this way. | ||
== | == Membership places == | ||
(5) The following table sets out registration items: | (5) The following table sets out registration items: | ||
{| class="wikitable" | {| class="wikitable" | ||
Line 38: | Line 38: | ||
|- style="vertical-align:top;" | |- style="vertical-align:top;" | ||
! style="width: 5%; text-align:left;" |'''Item''' | ! style="width: 5%; text-align:left;" |'''Item''' | ||
! style="width: 95%; text-align:left;" |'''Description and category of place''' | ! style="width: 95%; text-align:left;" |'''Description and category of place''' | ||
|- style="vertical-align:top;" | |- style="vertical-align:top;" | ||
| | |7 | ||
|The membership of Urabba Parks | |The membership of Urabba Parks | ||
|- style="vertical-align:top;" | |- style="vertical-align:top;" | ||
| | |7.0.1 | ||
|Director | |Director | ||
|- style="vertical-align:top;" | |- style="vertical-align:top;" | ||
| | |7.0.2 | ||
|Secretary | |Secretary | ||
|- style="vertical-align:top;" | |- style="vertical-align:top;" | ||
| | |7.0.3 | ||
|Auditor | |Auditor | ||
|- style="vertical-align:top;" | |- style="vertical-align:top;" | ||
| | |7.0.4 | ||
|Member | |Member | ||
|- style="vertical-align:top;" | |- style="vertical-align:top;" | ||
| | |7.0.5 | ||
|Party to the agreement of jurisdiction | |Party to the agreement of jurisdiction | ||
|- style="vertical-align:top;" | |- style="vertical-align:top;" | ||
| | |7.0.6 | ||
|Member falling in item 7.7.w.s, 7.8.w.s, 7.9.s or 7.10.s | |Member falling in item 7.7.w.s, 7.8.w.s, 7.9.s or 7.10.s | ||
|- style="vertical-align:top;" | |- style="vertical-align:top;" | ||
| | |7.0.7 | ||
|Member holding ordinary membership of a class not eligible to succeed to the Management or a place under the Management, or to present for appointment to a place under the Management, except for a defence place (category D) appointed on an honorary basis | |Member holding ordinary membership of a class not eligible to succeed to the Management or a place under the Management, or to present for appointment to a place under the Management, except for a defence place (category D) appointed on an honorary basis | ||
|- style="vertical-align:top;" | |- style="vertical-align:top;" | ||
| | |7.0.8 | ||
| | |Represented member, being: | ||
(a) a member falling in item 7.0.7; or | (a) a member falling in item 7.0.7; or | ||
Line 71: | Line 71: | ||
(b) a member eligible to succeed, present or elect to a representative place (category B) having membership of a deliberative component of the legislature of Urabba Parks or a jurisdictional division, or from which a member of a component is ultimately chosen | (b) a member eligible to succeed, present or elect to a representative place (category B) having membership of a deliberative component of the legislature of Urabba Parks or a jurisdictional division, or from which a member of a component is ultimately chosen | ||
|- style="vertical-align:top;" | |- style="vertical-align:top;" | ||
| | |7.0.8.d | ||
|Represented member of a jurisdictional division | |Represented member of a jurisdictional division | ||
|- style="vertical-align:top;" | |- style="vertical-align:top;" | ||
| | |7.0.9 | ||
|'''''Non-represented member''''', being a member who does not fall in item 7.0.8 | |'''''Non-represented member''''', being a member who does not fall in item 7.0.8 | ||
|- style="vertical-align:top;" | |- style="vertical-align:top;" | ||
| | |7.0.9.d | ||
|Non-represented member of a jurisdictional division | |Non-represented member of a jurisdictional division | ||
|- style="vertical-align:top;" | |- style="vertical-align:top;" | ||
| | |7.0.10.k | ||
|Elector or corporate voter who is enrolled on the general electoral roll of Urabba Parks, having consented to being identified on the roll by: | |Elector or corporate voter who is enrolled on the general electoral roll of Urabba Parks, having consented to being identified on the roll by: | ||
Line 95: | Line 95: | ||
::(ii) who is not an Australian Citizen granted a request under law to delete or suppress the residential address on the basis that its disclosure would place the personal safety of the person or of members of the person's family at risk | ::(ii) who is not an Australian Citizen granted a request under law to delete or suppress the residential address on the basis that its disclosure would place the personal safety of the person or of members of the person's family at risk | ||
|- style="vertical-align:top;" | |- style="vertical-align:top;" | ||
| | |7.0.11 | ||
|Person falling in item 7.0.10 who holds or acts on behalf of a member of the foundation group of which Urabba Parks is a member, a foundation member, visitational member or member falling in item 7.7.w.s or 7.8.w.s | |Person falling in item 7.0.10 who holds or acts on behalf of a member of the foundation group of which Urabba Parks is a member, a foundation member, visitational member or member falling in item 7.7.w.s or 7.8.w.s | ||
|- style="vertical-align:top;" | |- style="vertical-align:top;" | ||
| | |7.0.12 | ||
|Person falling in item 7.0.10 not falling in item 7.0.11 | |Person falling in item 7.0.10 not falling in item 7.0.11 | ||
|- style="vertical-align:top;" | |- style="vertical-align:top;" | ||
| | |7.0.13 | ||
|Person falling in item 7.0.6 or 7.0.11 | |Person falling in item 7.0.6 or 7.0.11 | ||
|- style="vertical-align:top;" | |- style="vertical-align:top;" | ||
| | |7.0.14 | ||
|A member of Urabba Parks, being: | |A member of Urabba Parks, being: | ||
Line 113: | Line 113: | ||
(c) an entity which has no holders of its membership, other than an entity falling in this item | (c) an entity which has no holders of its membership, other than an entity falling in this item | ||
A place falling in this item falls in category Y. | A place falling in this item falls in category Y. | ||
|- style="vertical-align:top;" | |- style="vertical-align:top;" | ||
| | |7.0.15 | ||
|A member of Urabba Parks, being: | |A member of Urabba Parks, being: | ||
Line 126: | Line 126: | ||
::(ii) of which is controlled by entities falling in this item | ::(ii) of which is controlled by entities falling in this item | ||
A place falling in this item falls in category Y. | A place falling in this item falls in category Y. | ||
|- style="vertical-align:top;" | |- style="vertical-align:top;" | ||
| | |7.0.16 | ||
|A member of Urabba Parks, being: | |A member of Urabba Parks, being: | ||
Line 135: | Line 135: | ||
(b) an entity not falling in item 7.0.14 of which is controlled by entities falling in this item | (b) an entity not falling in item 7.0.14 of which is controlled by entities falling in this item | ||
A place falling in this item may be of category Y. | A place falling in this item may be of category Y. | ||
|- style="vertical-align:top;" | |- style="vertical-align:top;" | ||
| | |7.1.0.s | ||
|Member holding '''''ordinary membership''''', being ordinary shares issued by Urabba Parks | |Member holding '''''ordinary membership''''', being ordinary shares issued by Urabba Parks | ||
|- style="vertical-align:top;" | |- style="vertical-align:top;" | ||
| | |7.2.0.s | ||
|Member holding '''''service membership''''', being redeemable preference shares issued by Urabba Parks | |Member holding '''''service membership''''', being redeemable preference shares issued by Urabba Parks | ||
|- style="vertical-align:top;" | |- style="vertical-align:top;" | ||
| | |7.2.2.s | ||
|Member holding interest-bearing membership, which is service membership entitled to interest | |Member holding interest-bearing membership, which is service membership entitled to interest | ||
|- style="vertical-align:top;" | |- style="vertical-align:top;" | ||
| | |7.3.0.s | ||
|Member holding '''''patron membership''''', being non-redeemable preference shares issued by Urabba Parks | |Member holding '''''patron membership''''', being non-redeemable preference shares issued by Urabba Parks | ||
|- style="vertical-align:top;" | |- style="vertical-align:top;" | ||
| | |7.4.0.s | ||
|Member holding '''''affiliate membership''''', being shares issued by Urabba Parks that: | |Member holding '''''affiliate membership''''', being shares issued by Urabba Parks that: | ||
Line 156: | Line 156: | ||
(b) do not have any rights to any charity distribution, other than from amounts sourced from giving accounts and giving pools | (b) do not have any rights to any charity distribution, other than from amounts sourced from giving accounts and giving pools | ||
|- style="vertical-align:top;" | |- style="vertical-align:top;" | ||
| | |7.5 | ||
|'''''Urabbaparcensian Associate''''', having been declared as such under law, provided that no law providing for the revocation of Associateship shall be effective unless: | |'''''Urabbaparcensian Associate''''', having been declared as such under law, provided that no law providing for the revocation of Associateship shall be effective unless: | ||
Line 171: | Line 171: | ||
(d) upon application or with the consent of the individual | (d) upon application or with the consent of the individual | ||
|- style="vertical-align:top;" | |- style="vertical-align:top;" | ||
| | |7.6.0.s | ||
|A stakeholder member, being a member of Urabba Parks who is a member of a stakeholder constituency | |A stakeholder member, being a member of Urabba Parks who is a member of a stakeholder constituency | ||
|- style="vertical-align:top;" | |- style="vertical-align:top;" | ||
| | |7.6.k | ||
|Stakeholder constituency | |Stakeholder constituency | ||
|- style="vertical-align:top;" | |- style="vertical-align:top;" | ||
| | |7.6.k.s | ||
|Member of a stakeholder constituency being the occupant of a stakeholder place (category Y) occupied or presented by a member of Urabba Parks | |Member of a stakeholder constituency being the occupant of a stakeholder place (category Y) occupied or presented by a member of Urabba Parks | ||
|- style="vertical-align:top;" | |- style="vertical-align:top;" | ||
| | |7.7.w.s | ||
|An ordinary member who may present a person for appointment to a titular place (category T) | |An ordinary member who may present a person for appointment to a titular place (category T) | ||
|- style="vertical-align:top;" | |- style="vertical-align:top;" | ||
| | |7.7.w.s.y | ||
|Holder of a presenting title or nominee | |Holder of a presenting title or nominee | ||
|- style="vertical-align:top;" | |- style="vertical-align:top;" | ||
| | |7.7.w.s.P | ||
|Presenter of the holder of a title, being a member falling in item 7.7.w.s in respect of the title | |Presenter of the holder of a title, being a member falling in item 7.7.w.s in respect of the title | ||
|- style="vertical-align:top;" | |- style="vertical-align:top;" | ||
| | |7.8.w.0.y | ||
|Holder of a succeeding title or nominee | |Holder of a succeeding title or nominee | ||
|- style="vertical-align:top;" | |- style="vertical-align:top;" | ||
| | |7.8.w.0.N | ||
|Successor to a title, being a member falling in item 7.8.w.s in respect of the title | |Successor to a title, being a member falling in item 7.8.w.s in respect of the title | ||
|- style="vertical-align:top;" | |- style="vertical-align:top;" | ||
| | |7.8.w.s | ||
|An ordinary member eligible to succeed to a titular place (category T) (other than a foundation member) | |An ordinary member eligible to succeed to a titular place (category T) (other than a foundation member) | ||
|- style="vertical-align:top;" | |- style="vertical-align:top;" | ||
| | |7.9.s | ||
|A visitational member, being an ordinary member who may present a person for appointment as a member of the body declared by this Constitution as having powers in relation to the execution and maintenance, within Urabba Parks, of the provisions of this Constitution relating to visitations, and if no such class of ordinary membership exists then foundation members shall be eligible | |A visitational member, being an ordinary member who may present a person for appointment as a member of the body declared by this Constitution as having powers in relation to the execution and maintenance, within Urabba Parks, of the provisions of this Constitution relating to visitations, and if no such class of ordinary membership exists then foundation members shall be eligible | ||
|- style="vertical-align:top;" | |- style="vertical-align:top;" | ||
| | |7.10.s | ||
|A foundation member, being an ordinary member who may succeed to the foundation of Urabba Parks, and if no such class of ordinary membership exists then members of the class of membership of the first-numbered ordinary share shall be eligible | |A foundation member, being an ordinary member who may succeed to the foundation of Urabba Parks, and if no such class of ordinary membership exists then members of the class of membership of the first-numbered ordinary share shall be eligible | ||
|- style="vertical-align:top;" | |- style="vertical-align:top;" | ||
| | |7.11.e | ||
|An entity formed under | |An entity formed under the law of Urabba Parks | ||
A place falling in this item may be of category E, M or N. | A place falling in this item may be of category E, M or N. | ||
|} | |} | ||
= | |||
= Relevant notes from the Explanatory Memorandum = | |||
276. Subsection (1) sets out the agreement of each member of Urabba Parks. These include to support the nature of Urabba Parks (being charity and democracy as specified in paragraphs 116(1)(d) and (e)), pay membership fees, serve on a jury or make arrangements to serve if required and pay any pledge on membership. Although these responsibilities are expressly mentioned elsewhere or implied by this Constitution, the intention of this provision is to clarify the responsibilities that are specific to members. However, the provision does not make any mention of being bound by this Constitution, as all members persons acting on behalf of members (including member’s representatives, proxies, personnel and visitors) are already party to the agreement of jurisdiction and therefore subject to this Constitution and laws made and having effect under it. | 276. Subsection (1) sets out the agreement of each member of Urabba Parks. These include to support the nature of Urabba Parks (being charity and democracy as specified in paragraphs 116(1)(d) and (e)), pay membership fees, serve on a jury or make arrangements to serve if required and pay any pledge on membership. Although these responsibilities are expressly mentioned elsewhere or implied by this Constitution, the intention of this provision is to clarify the responsibilities that are specific to members. However, the provision does not make any mention of being bound by this Constitution, as all members persons acting on behalf of members (including member’s representatives, proxies, personnel and visitors) are already party to the agreement of jurisdiction and therefore subject to this Constitution and laws made and having effect under it. | ||
277. Subsection (2) restricts original grants of membership (allotments) in a particular class where there exists membership that is of that class or convertible to that class liable to be sold by Urabba Parks as attorney under section 115. This is to protect the value of membership from erosion by ensuring existing membership which is available for sale is sold before the original grant of new membership. | 277. Subsection (2) restricts original grants of membership (allotments) in a particular class where there exists membership that is of that class or convertible to that class liable to be sold by Urabba Parks as attorney under section 115. This is to protect the value of membership from erosion by ensuring existing membership which is available for sale is sold before the original grant of new membership. | ||
278. Subsection (4) provides that the rights attaching to a class of membership may be altered for the purpose of any enactment (including section 246B of the Corporations Act 2001) by the legislative process, or in some circumstances by a resolution of the members of Urabba Parks made on the advice of the directors where the class of membership was established that way (such as membership of a class granted under the Enactorial prerogative). The intention of this section is to give the Parliament power over the variation of class rights. | 278. Subsection (4) provides that the rights attaching to a class of membership may be altered for the purpose of any enactment (including section 246B of the Corporations Act 2001) by the legislative process, or in some circumstances by a resolution of the members of Urabba Parks made on the advice of the directors where the class of membership was established that way (such as membership of a class granted under the Enactorial prerogative). The intention of this section is to give the Parliament power over the variation of class rights. | ||
== Membership places == | == Membership places == | ||
Line 244: | Line 248: | ||
:(X) visitational member, being an ordinary member who may present a person for appointment as a Commissioner of the Visitatorial Commission (described in the item as ‘a member of the body declared by this Constitution as having powers in relation to the execution and maintenance, within Urabba Parks, of the provisions of this Constitution relating to visitations’), and if no such class of ordinary membership exists then foundation members shall be eligible (item 7.9.s); | :(X) visitational member, being an ordinary member who may present a person for appointment as a Commissioner of the Visitatorial Commission (described in the item as ‘a member of the body declared by this Constitution as having powers in relation to the execution and maintenance, within Urabba Parks, of the provisions of this Constitution relating to visitations’), and if no such class of ordinary membership exists then foundation members shall be eligible (item 7.9.s); | ||
:(Y) foundation member, being an ordinary member who may succeed to the foundation (Management) of Urabba Parks, but if no such, and if no such class of ordinary membership exists then the class of membership of the first-numbered share of ordinary membership shall be so eligible (item 7.10.s); | :(Y) foundation member, being an ordinary member who may succeed to the foundation (Management) of Urabba Parks, but if no such, and if no such class of ordinary membership exists then the class of membership of the first-numbered share of ordinary membership shall be so eligible (item 7.10.s); | ||
:(Z) an entity formed under | :(Z) an entity formed under the law of Urabba Parks – places falling in this item may be of category E, M or N (item 7.11.e). | ||
{{Constitution of Urabba Parks|state=expanded}} | |||
[[Category:Constitution of Urabba Parks| ]] | |||
[[Category:Urabbaparcensian constitutional law| ]] | [[Category:Urabbaparcensian constitutional law| ]] |