Constitution of Urabba Parks/Section 151
Statement of reasonableness
(1) In relation to the making of a law or instrument, the alteration of a law or instrument, or the approval of an act (a proposal), a statement of reasonableness is a statement that the proposal is reasonable, having regards to:
(a) the intentions of the Founder, being those:
(i) falling in entrenchment 1.1.1; or
(ii) not falling in subparagraph (i), to the extent such intentions are not inconsistent with them;
(b) this Chapter, but only to the extent:
(i) the provision ranks equally or higher than the proposal for the purposes of effect of laws under section 10; or
(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;
(c) deeds and agreements to which Urabba Parks is a party:
(i) that affect its legislative or executive policy; or
(ii) 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:
(i) key stakeholders who are not members of Urabba Parks;
(ii) members of Urabba Parks who will be eligible to vote in a referendum on the proposal; and
(iii) stakeholders not falling in subparagraph (i) or (ii); and
(e) other matters as considered appropriate.
(2) A statement of reasonableness of which is made by or on behalf of a body, is conclusive evidence that the body:
(a) has obtained any relevant advice and evidence in relation to the proposal; and
(b) has appropriately reflected on proposal;
and cannot be questioned in any tribunal exercising corporate jurisdiction.
(3) Should there be no internal body charged with the execution and maintenance of the provisions of this Constitution relating to visitations, or the body has no members capable of acting in relation to the certificate of reasonableness:
(a) a reference in an entrenchment to the body shall be a reference to the Archdiocese; and
(b) 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).
(4) The internal body charged with the execution and maintenance of the provisions of this Constitution relating to visitations, or if the body is not established or has no members capable of performing their functions, the Archdiocese:
(a) may declare that a statement of reasonableness need not be obtained in relation to a particular matter or class of matter, in which case the matter so declared is exempt for the purposes of this paragraph; or
(b) may delegate the power to issue a statement of reasonableness to another body, in which case a reference to the body shall be a reference to the other body; and
(c) alter and revoke such declaration or delegation as it sees fit.