Constitution of Urabba Parks/Section 113: Difference between revisions

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= Supplemental grants of membership =
= Supplemental grants of membership =
(1)  Membership is not transferrable or transmissible, unless the membership may be supplementarily granted under law.
<span id="s1"></span>(1)  Membership is not transferrable or transmissible, unless the membership may be supplementarily granted under law.


== Supplemental grants of ordinary membership ==
== <span id="s2"></span>Supplemental grants of ordinary membership ==
(2)  Ordinary membership shall be supplementarily granted if:
(2)  Ordinary membership shall be supplementarily granted if:


:(a)  the membership is not:
:<span id="par2a"></span>(a)  the membership is not:


::(i)  foundational membership;
::<span id="par2a-i"></span>(i)  foundational membership;


::(ii)  visitational membership; or
::<span id="par2a-ii"></span>(ii)  visitational membership; or


::(iii)  membership falling in either item&nbsp;7.7.w.s or&nbsp;7.8.s of the table in subsection of the table in subsection&nbsp;112(5);
::<span id="par2a-iii"></span>(iii)  membership falling in either item&nbsp;7.7.w.s or&nbsp;7.8.s of the table in subsection of the table in subsection&nbsp;112(5);


:(b)  each proposed grantee who is an individual:
:<span id="par2b"></span>(b)  each proposed grantee who is an individual:


::(i)  is a Urabbaparcensian Associate; and
::<span id="par2b-i"></span>(i)  is a Urabbaparcensian Associate; and


::(ii)  is aged 18 years or over;
::<span id="par2b-ii"></span>(ii)  is aged 18 years or over;


:(c)  no proposed grantee is subject to an expulsion order;
:<span id="par2c"></span>(c)  no proposed grantee is subject to an expulsion order;


:(d)  the grant is to a single person, or no more than three persons jointly;
:<span id="par2d"></span>(d)  the grant is to a single person, or no more than three persons jointly;


:(e)  the supplementary grant is not prohibited by an Australian law or court order, or a deed or agreement binding on the transferor (including but not limited to any employee share scheme agreement);
:<span id="par2e"></span>(e)  the supplementary grant is not prohibited by an Australian law or court order, or a deed or agreement binding on the transferor (including but not limited to any employee share scheme agreement);


::(f)  the grantee pays or agrees to pay:
:<span id="par2f"></span>(f)  the grantee pays or agrees to pay:


::(i)  outstanding calls on the membership;
::<span id="par2f-i"></span>(i)  outstanding calls on the membership;


::(ii)  membership fees payable to the Executive Government of Urabba&nbsp;Parks or a jurisdictional division or campus government fees remaining unpaid following the grant;
::<span id="par2f-ii"></span>(ii)  membership fees payable to the Executive Government of Urabba&nbsp;Parks or a jurisdictional division or campus government fees remaining unpaid following the grant;


::(iii)  any applicable stamp duty;
::<span id="par2f-iii"></span>(iii)  any applicable stamp duty;


::(iv)  the transfer levy; and
::<span id="par2f-iv"></span>(iv)  the transfer levy; and


::(v)  the transfer fee.
::<span id="par2f-v"></span>(v)  the transfer fee.
= <span id="EM"></span>Relevant notes from the Explanatory Memorandum =
= <span id="EM"></span>Relevant notes from the Explanatory Memorandum =
280. Subsection&nbsp;(1) provides that membership is not transferrable or transmissible, unless the membership may be supplementarily granted under law.  With the exception of ordinary membership, membership of Urabba&nbsp;Parks may only be transferred if specifically allowed by the Parliament or the association of which it is granted.  The purpose of this provision is to allow for internal laws to apply in respect of the holding of membership.   
280. Subsection&nbsp;(1) provides that membership is not transferrable or transmissible, unless the membership may be supplementarily granted under law.  With the exception of ordinary membership, membership of Urabba&nbsp;Parks may only be transferred if specifically allowed by the Parliament or the association of which it is granted.  The purpose of this provision is to allow for internal laws to apply in respect of the holding of membership.   

Revision as of 18:00, 7 October 2021

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Supplemental grants of membership

(1)  Membership is not transferrable or transmissible, unless the membership may be supplementarily granted under law.

Supplemental grants of ordinary membership

(2)  Ordinary membership shall be supplementarily granted if:

(a)  the membership is not:
(i)  foundational membership;
(ii)  visitational membership; or
(iii)  membership falling in either item 7.7.w.s or 7.8.s of the table in subsection of the table in subsection 112(5);
(b)  each proposed grantee who is an individual:
(i)  is a Urabbaparcensian Associate; and
(ii)  is aged 18 years or over;
(c)  no proposed grantee is subject to an expulsion order;
(d)  the grant is to a single person, or no more than three persons jointly;
(e)  the supplementary grant is not prohibited by an Australian law or court order, or a deed or agreement binding on the transferor (including but not limited to any employee share scheme agreement);
(f)  the grantee pays or agrees to pay:
(i)  outstanding calls on the membership;
(ii)  membership fees payable to the Executive Government of Urabba Parks or a jurisdictional division or campus government fees remaining unpaid following the grant;
(iii)  any applicable stamp duty;
(iv)  the transfer levy; and
(v)  the transfer fee.

Relevant notes from the Explanatory Memorandum

280. Subsection (1) provides that membership is not transferrable or transmissible, unless the membership may be supplementarily granted under law. With the exception of ordinary membership, membership of Urabba Parks may only be transferred if specifically allowed by the Parliament or the association of which it is granted. The purpose of this provision is to allow for internal laws to apply in respect of the holding of membership.

281. Subsection (2) clarifies the transferability of ordinary membership, by providing that ordinary membership shall be supplementarily granted if:

(A) the membership is not foundational membership, visitational membership or membership falling in either item 7.7.w.s or 7.8.s of the table in subsection of the table in subsection 112(5)
(B) each proposed grantee who is an individual is a Urabbaparcensian Associate aged 18 years or over;
(C) no proposed grantee is subject to an expulsion order;
(D) the grant is to a single person, or no more than three persons jointly;
(E) the supplementary grant is not prohibited by an Australian law or court order, or a deed or agreement binding on the transferor (including but not limited to any employee share scheme agreement);
(F) the grantee pays or agrees to pay outstanding calls on the membership, membership fees payable to the Executive Government of Urabba Parks or a jurisdictional division or campus government fees remaining unpaid following the grant, any applicable stamp duty, the transfer levy and the transfer fee.