Constitution of Urabba Parks/Section 31

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Chapter 1 >>Part 3 >>Division 2 >>Subdivision B >>Section 31

Persons eligible to vote in internal proceedings

Eligibility to vote as or for member

(1)  Despite any law or practice to the contrary, no member of Urabba Parks may vote at any internal proceeding unless each holder of membership and person acting on behalf of the member:

(a)  is enrolled as an elector or corporate voter for the purposes of the proceeding, is allowed to vote as a member under subsection (4), or is exempt from enrolment as an elector under subsection (6);

(b)  is not suspended from the proceedings of Urabba Parks; and

(c)  does not fall under subsection (3).

Enrolment as an elector or corporate voter

(2)  Subject to this Subdivision, a party to the agreement of jurisdiction:

(a)  who is an individual 16 years or older – shall be eligible to enrol as an elector; and

(b)  that is a company – shall be eligible to enrol as a corporate voter;

on an electoral roll maintained by or for the purposes of voting at an internal proceeding.

Disqualification

(3)  Except as provided under this Subdivision, a person is not eligible to enrol as an elector or corporate voter on an electoral roll maintained by or for the purposes of voting at any internal proceeding if the person falls into an item of this table:

Table 7: Disqualifications from voting in internal proceedings

Item	Disqualification
1	Being party to an open or successful claim (in any capacity) that is before to be put before a judicial body of a state jurisdiction denying the application of any part of the agreement of jurisdiction to the person
2	Convicted of treason or treachery under the law of a state jurisdiction: (a) falling in paragraph 9(4)(a); or (b) provided for the purposes of this item; and has not been pardoned
3	Serving a sentence of 3 years imprisonment or more for an indictable offence against the law of a state jurisdiction falling in item 2
4	Condemned of subversion or betrayal under the law of a non-state jurisdiction falling in paragraph 9(4)(b) or provided under law and has not been excused
5	Serving a sanction of 3 years disqualification from the proceedings or more for an indictable offence against the law of a non-state jurisdiction falling in item 4
6	An unlawful non-citizen under section 14 of the Migration Act 1958 of the Parliament of the Commonwealth
7	Subject to an expulsion order
8	Company controlled by a person falling within a previous item
9	By reason of being of unsound mind incapable of understanding the nature and significance of enrolment and voting

Voting rights -- minors

(4)  A member who is an individual:

(a)  under the age of 16;

(b)  is under 18 and is not enrolled on any an electoral roll maintained by or for the purposes of voting at any internal proceeding; or

(c)  is below the minimum voting age for voting in the internal proceeding that is not higher than 18 years;

is qualified to vote as a member where one of the member’s parents or the member’s guardian or some other person appointed by a parent or guardian, votes in the place of the member.

(5)  A person under the age of 18 may not act as a proxy for a member, or as a corporate representative or attorney for a member or proxy of a member of Urabba Parks.

Voting rights -- mental incapacity

(6)  Item 9 of the table in subsection (3) does not apply to a holder of membership where the holder is not eligible to enrol as an elector only because of that item, where the person responsible for the management of the affairs of the holder or somebody appointed by the person responsible votes in the place of the holder, and the holder shall be exempt from the requirement to be enrolled as an elector for as long as that item does not apply:

Laws relating to enrolment and voting

(7)  Any entitlement to enrolment or voting shall be subject to compliance with any law relating to enrolment for and voting at internal proceedings.

Application to certain persons, matters, etc.

(8)  Nothing in this section applies to any vote:

(a)  put to the enacting component of the legislature; or

(b)  made by or for the enacting component of the legislature as attorney for a member:

(i)  with the consent of the member; or

(ii)  without the consent of the member, but only if the member is unable to vote under this Subdivision, and only for any special resolution relating to an acquisition by Urabba Parks of membership of the member.

Relevant notes from the Explanatory Memorandum

127. This section provides for the basic rules for a person to vote in an internal proceeding.  This section applies to any proceeding, not just proceedings related to the House of Ordinaries.  Subsection 4(1) provides that a ‘proceeding’ includes an election, referendum, meeting or circular resolution of a body, an ‘internal body’ is a body formed within or under the law of Urabba Parks, and an ‘internal proceeding’ is a proceeding of such a body.

128. In order for a person to vote as or in a internal proceeding, the person must:

(A) be enrolled as an elector or corporate voter (paragraph (1)(a));

(B) not be suspended (paragraph (1)(b));

(C) be a party to the agreement of jurisdiction (paragraph (2)(a));

(D) be 16 years or older (paragraph (2)(b)) – although in the case of an election of members to the House of Ordinaries, a person will have to be 18 years or older to vote, see note 126.

129. Subsection (3) provides a person shall not be eligible to vote in any internal proceeding if the person is:

(A) a party to any claim against the applicability of the agreement of jurisdiction in a court (item 1);

(B) convicted of treason or treachery under the law of a jurisdiction falling in paragraph 9(4)(a) (item 2);

(C) serving a sentence of 3 years imprisonment or more for an indictable offence against the law of a jurisdiction falling in item 2 (item 3);

(D) condemned of subversion or betrayal under the law of a jurisdiction falling in paragraph 9(4)(b) or provided under law and has not been excused (item 4);

(E) serving a sanction of 3 years disqualification from the proceedings or more for an indictable offence against the law of a non-state jurisdiction falling in item 4 (item 5);

(F) an unlawful non-citizen under section 14 of the Migration Act 1958 (item 6);

(G) subject to an expulsion order (item 7);

(H) company controlled by a person falling within a previous item (item 8);

(I) by reason of being of unsound mind incapable of understanding the nature and significance of enrolment and voting (item 9).

130. Subsection (4) provides that minors may vote by way of an attorney, while subsection (5) provides that a proxy may not be under the age of 18 years. Subsection (6) provides for voting by persons with a mental incapacity by way of an attorney. Subsection (7) provides for the application of laws relating to voting and the Subsection (8) provides this section does not apply to votes cast by the Enactor.