Editing Constitution of Urabba Parks/Section 151
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:<span id="par1a"></span>(a) the intentions of the Founder, being those: | :<span id="par1a"></span>(a) the intentions of the Founder, being those: | ||
::<span id="par1a-i"></span>(i) falling in | ::<span id="par1a-i"></span>(i) falling in entrenchment 1.1.1; or | ||
::<span id="par1a-ii"></span>(ii) not falling in subparagraph (i), to the extent such intentions are not inconsistent with them; | ::<span id="par1a-ii"></span>(ii) not falling in subparagraph (i), to the extent such intentions are not inconsistent with them; | ||
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:<span id="par1b"></span>(b) this Chapter, but only to the extent: | :<span id="par1b"></span>(b) this Chapter, but only to the extent: | ||
::<span id="par1a-i"></span>(i) the provision ranks equally or higher than the proposal for the purposes of effect of laws under | ::<span id="par1a-i"></span>(i) the provision ranks equally or higher than the proposal for the purposes of effect of laws under section 10; or | ||
::<span id="par1a-ii"></span>(ii) in the case of a document made under a provision – the provision ranks equally or higher than the proposal for the purposes of effect of laws under | ::<span id="par1a-ii"></span>(ii) in the case of a document made under a provision – the provision ranks equally or higher than the proposal for the purposes of effect of laws under section 10; | ||
:<span id="par1c"></span>(c) deeds and agreements to which Urabba Parks is a party: | :<span id="par1c"></span>(c) deeds and agreements to which Urabba Parks is a party: | ||
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= <span id="EM"></span>Relevant notes from the Explanatory Memorandum = | = <span id="EM"></span>Relevant notes from the Explanatory Memorandum = | ||
343. Subsection (1) sets out the matters a person issuing a statement of reasonableness under entrenchment V, including: | 343. Subsection (1) sets out the matters a person issuing a statement of reasonableness under entrenchment V, including: | ||
:(A) the intentions of the Founder, being those falling in | :(A) the intentions of the Founder, being those falling in entrenchment 1.1.1 or not falling in the entrenchment, to the extent such intentions are not inconsistent with them; | ||
:(B) this Chapter, but only to the extent the provision ranks equally or higher than the proposal for the purposes of effect of laws under | :(B) this Chapter, but only to the extent the provision ranks equally or higher than the proposal for the purposes of effect of laws under section 10, or in the case of a document made under a provision – the provision ranks equally or higher than the proposal for the purposes of effect of laws under section 10; | ||
:(C) deeds and agreements to which Urabba Parks is a party that affect its legislative or executive policy, or for the provision of a charitable benefit on behalf of, or in conjunction with, an entity outside the control group of which Urabba Parks is Head; | :(C) deeds and agreements to which Urabba Parks is a party that affect its legislative or executive policy, or for the provision of a charitable benefit on behalf of, or in conjunction with, an entity outside the control group of which Urabba Parks is Head; | ||
:(D) the interests of stakeholders, including key stakeholders who are not members of Urabba Parks, members of Urabba Parks who will be eligible to vote in a referendum on the proposal and other stakeholders; and | :(D) the interests of stakeholders, including key stakeholders who are not members of Urabba Parks, members of Urabba Parks who will be eligible to vote in a referendum on the proposal and other stakeholders; and | ||
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344. Subsection (2) provides for the evidentiary value of statements of reasonableness, which shall be conclusive evidence that the body that issued the statement has obtained any relevant advice and evidence in relation to the proposal and has appropriately reflected on proposal. It cannot be questioned in any tribunal exercising corporate jurisdiction. | 344. Subsection (2) provides for the evidentiary value of statements of reasonableness, which shall be conclusive evidence that the body that issued the statement has obtained any relevant advice and evidence in relation to the proposal and has appropriately reflected on proposal. It cannot be questioned in any tribunal exercising corporate jurisdiction. | ||
345. Subsection (3) provides that in the case the Visitatorial Commission (referred to as the internal body charged execution and maintenance of the provisions of this Constitution relating to visitations) is not established or has no members, a reference in an entrenchment to the Commission shall be a reference to the Archdiocese and a reference in an entrenchment to the presenters of the members of the body shall be a reference to the members in | 345. Subsection (3) provides that in the case the Visitatorial Commission (referred to as the internal body charged execution and maintenance of the provisions of this Constitution relating to visitations) is not established or has no members, a reference in an entrenchment to the Commission shall be a reference to the Archdiocese and a reference in an entrenchment to the presenters of the members of the body shall be a reference to the members in item 7.0.14 of the table in subsection 112(5). | ||
346. Subsection (4) provides for the delegation of the Visitatorial Commission (or the Archdiocese in which it is exercising the powers of the Commission under this section) may declare that a statement of reasonableness need not be obtained in relation to a particular matter or class of matter, in which case it is taken to be and delegate the power to issue a statement of reasonableness to a person or body. The Commission or the Archdiocese (as the case may be) may alter and revoke such declaration or delegation as it sees fit. | 346. Subsection (4) provides for the delegation of the Visitatorial Commission (or the Archdiocese in which it is exercising the powers of the Commission under this section) may declare that a statement of reasonableness need not be obtained in relation to a particular matter or class of matter, in which case it is taken to be and delegate the power to issue a statement of reasonableness to a person or body. The Commission or the Archdiocese (as the case may be) may alter and revoke such declaration or delegation as it sees fit. |