Constitution of Urabba Parks/Section 17: Difference between revisions
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[[Constitution of Urabba Parks/ | [[Constitution of Urabba Parks/Contents|Table]]|[[Constitution of Urabba Parks/Notes|Notes]]|[[Constitution of Urabba Parks/Section 16|Previous]]|[[Constitution of Urabba Parks/Section 18|Next]]|[[Constitution of Urabba Parks/Download|Download]]<br>{{Navbar|L=Constitution of Urabba Parks|Ch=1|Pt=2|Div=4|S=17}} | ||
= Provisions relating to the Enactorial Household = | = <span id="s1"></span>Provisions relating to the Enactorial Household = | ||
(1) Urabba Parks shall appoint a person as director under this section if the person is an occupant of a registered place that is both a director place (category D) and a household place (category H), being an Honorary Director place, and such a director is an Honorary Director. | (1) Urabba Parks shall appoint a person as director under this section if the person is an occupant of a registered place that is both a director place (category D) and a household place (category H), being an Honorary Director place, and such a director is an Honorary Director. | ||
(2) The office of an Honorary Director shall become vacant if the Honorary Director is or becomes: | |||
:(a) a director of Urabba Parks under any other section; | <span id="s2"></span>(2) The office of an Honorary Director shall become vacant if the Honorary Director is or becomes: | ||
:(b) a person who does not occupy an Honorary Director place. | :<span id="par2a"></span>(a) a director of Urabba Parks under any other section; | ||
= Supply benefits of the Enactor and persons connected with the Enactorial Household = | :<span id="par2b"></span>(b) a person who does not occupy an Honorary Director place. | ||
= <span id="s3"></span>Supply benefits of the Enactor and persons connected with the Enactorial Household = | |||
(3) The Enactor: | (3) The Enactor: | ||
:(a) is not entitled to any benefit of any contract for the supply of property or services to any entity in the control group of which Urabba Parks is Head; and | :<span id="par3a"></span>(a) is not entitled to any benefit of any contract for the supply of property or services to any entity in the control group of which Urabba Parks is Head; and | ||
:(b) is liable to pay back to the entity any benefit received by Mister Enactor personally or by a connected entity. | :<span id="par3b"></span>(b) is liable to pay back to the entity any benefit received by Mister Enactor personally or by a connected entity. | ||
(4) Subsection (3) does not apply to exempt benefits or approved benefits. | <span id="s4"></span>(4) Subsection (3) does not apply to exempt benefits or approved benefits. | ||
(5) Each occupant of a household place and each connected entity of an occupant of a household place is a connected entity of Mister Enactor. | |||
<span id="s5"></span>(5) Each occupant of a household place and each connected entity of an occupant of a household place is a connected entity of Mister Enactor. | |||
= <span id="EM"></span>Relevant notes from the Explanatory Memorandum = | |||
100. Subsection (1) provides for the appointment of Honorary Directors, who are appointed in respect of household places (category H) (an Honorary Director place). While Honorary Directors are, despite the title, substantively appointed directors of Urabba Parks, such appointment does not confer, within the system of government, any powers in relation to policy-making. Under subsection (2), an Honorary Director holds office until becoming a director under any other provision or ceasing to occupy an Honorary Director place. Also, it is not required to hold office as an Honorary Director to exercise the powers of the Enactor under internal law; the Manager‑General is not appointed a director under this section. | |||
101. Subsection (3) provides for related party benefits of the Enactor by limiting the ability of a member of the Enactorial Household to receive benefits from an entity in the control group of which Urabba Parks is Head. Subsection (4) excludes exempt benefits and approved benefits from the operation of the previous section. Subsection (5) provides occupiers of household places (category H) are connected entities of Mister Enactor. | |||
102. The provisions in this section dealing with related party benefits ensure that such benefits are substantively approved by persons independent of the Enactorial Household or incidental to the objects of Urabba Parks, which is essential for Urabba Parks to run as a not-for-profit entity as required under ACNC Governance Standard 1. | |||
[[Category:Urabbaparcensian constitutional law| ]] | [[Category:Urabbaparcensian constitutional law| ]] | ||
Latest revision as of 10:42, 6 September 2023
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Chapter 1 >>Part 2 >>Division 4 >>Section 17
Provisions relating to the Enactorial Household[edit | edit source]
(1) Urabba Parks shall appoint a person as director under this section if the person is an occupant of a registered place that is both a director place (category D) and a household place (category H), being an Honorary Director place, and such a director is an Honorary Director.
(2) The office of an Honorary Director shall become vacant if the Honorary Director is or becomes:
- (a) a director of Urabba Parks under any other section;
- (b) a person who does not occupy an Honorary Director place.
Supply benefits of the Enactor and persons connected with the Enactorial Household[edit | edit source]
(3) The Enactor:
- (a) is not entitled to any benefit of any contract for the supply of property or services to any entity in the control group of which Urabba Parks is Head; and
- (b) is liable to pay back to the entity any benefit received by Mister Enactor personally or by a connected entity.
(4) Subsection (3) does not apply to exempt benefits or approved benefits.
(5) Each occupant of a household place and each connected entity of an occupant of a household place is a connected entity of Mister Enactor.
Relevant notes from the Explanatory Memorandum[edit | edit source]
100. Subsection (1) provides for the appointment of Honorary Directors, who are appointed in respect of household places (category H) (an Honorary Director place). While Honorary Directors are, despite the title, substantively appointed directors of Urabba Parks, such appointment does not confer, within the system of government, any powers in relation to policy-making. Under subsection (2), an Honorary Director holds office until becoming a director under any other provision or ceasing to occupy an Honorary Director place. Also, it is not required to hold office as an Honorary Director to exercise the powers of the Enactor under internal law; the Manager‑General is not appointed a director under this section.
101. Subsection (3) provides for related party benefits of the Enactor by limiting the ability of a member of the Enactorial Household to receive benefits from an entity in the control group of which Urabba Parks is Head. Subsection (4) excludes exempt benefits and approved benefits from the operation of the previous section. Subsection (5) provides occupiers of household places (category H) are connected entities of Mister Enactor.
102. The provisions in this section dealing with related party benefits ensure that such benefits are substantively approved by persons independent of the Enactorial Household or incidental to the objects of Urabba Parks, which is essential for Urabba Parks to run as a not-for-profit entity as required under ACNC Governance Standard 1.