Constitution of Urabba Parks/Section 4: Difference between revisions
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:(b) is not: | :(b) is not: | ||
::(i) | ::(i) an entity representing the Management; or | ||
::(ii) a campus government entity; | ::(ii) a campus government entity; |
Revision as of 15:42, 20 September 2021
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Definitions
Note: If an entrenchment number appears immediately after a term defined in subsection (1), then the definition falls in the entrenchment: see entrenching item D (in the table in clause 1 of Schedule 2).
(1) In this Constitution:
affiliate member (1)(1.8)(8): see item 7.4.0.s of the table in subsection 112(5). |
agreement of jurisdiction (1)(1.1)(1.1.1) means the agreement set out in the table in subsection 7(2). |
alternate judicial director (1)(1.3)(3)(3.1) means an alternate director appointed under subsection 70(4). |
alternate legislative director (1)(1.2)(2)(2.1) means an alternate director appointed under subsection 22(1). |
appropriate remuneration authority (2)(2.1)(3)(3.1)(4)(4.1)(5)(5.1)(6) means, in relation to an approval of supply benefits:
provided the Commission or other body consists of at least 2 members, and does not include among its members any entity who is subject to the proposed approval or a connected entity thereof. |
approved benefit (2)(2.1)(3)(3.1)(4)(4.1)(5)(5.1)(6) means a benefit that falls in the table in subsection 90(3). |
Archdiocese (1)(1.1)(1.1.1) means The Greek Orthodox Archdiocese of Australia as constituted by His All Holiness Athenagoras Archbishop of Constantinople and Ecumenical Patriarch with the concurrent approval of members of the Holy and Sacred Synod on 3 April 1959, as redefined from time to time under the same authority. |
association (1)(1.7) means an entity that:
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benefit (1)(1.1)(1.1.1) means a benefit, direct or indirect that is money or has a monetary value. |
campus government entity (1)(1.6) means an entity formed with succession in Urabba Parks that has powers and functions provided under law to ensure the peace, order and good government of Urabba Parks in a municipal district. |
charitable benefit (1)(1.1):
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charity distribution (1)(1.1) includes the following:
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company (1)(1.1)(1.1.1) means a person that is not an individual. |
connected entity (2)(2.1)(3)(3.1)(4)(4.1)(5)(5.1)(6) includes the following in relation to an entity (in this definition called the first-mentioned entity):
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Consolidated Revenue Fund (1)(1.1) means the Fund that is constituted under section 81. |
Court of Directors or Court (3)(3.2) means the Corporate Supreme Body of Judicature established under section 71. |
disposal warrant (1)(1.1) means a warrant that allows for Urabba Parks to sell membership forfeited as a result of a default on a pledge or as attorney for the member that is made or authorised by an expulsion order. |
editorial change (1)(1.1)(1.1.1):
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eligible charity (1)(1.1) includes:
but does not include an entity that is excluded as an eligible charity under law. |
entrenched matter (1)(1.1)(1.1.1) includes an act, law or instrument, or part of a law or instrument, that falls within an entrenchment. |
entrenching item (1)(1.1)(1.1.1) means an entrenchment that begins with a letter. |
entrenchment (1)(1.1)(1.1.1) means an item of the table in clause 1 of Schedule 2. |
exempt benefit (2)(2.1)(3)(3.1)(4)(4.1)(5)(5.1)(6) includes the following benefits:
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expulsion order (1)(1.1) means an order (however described):
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gift fund (1)(1.1) means a gift fund maintained under section 30.130 of the Income Tax Assessment Act 1997 of the Parliament of the Commonwealth (ITAA97):
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giving account (1)(1.1) means an account:
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giving pool (1)(1.1) means a giving account held by a granting entity other than a member. |
granting entity (1)(1.1) includes the following:
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holder of membership (1)(1.1)(1.1.1) includes a person who is:
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Honorary Director (2)(2.1) means a director appointed under subsection 17(1). |
Honorary Manager (2)(2.1) means an occupant of a registered place commencing with ‘1.0’ that is an administrative place (category A). |
House of Ordinaries (2)(2.1) means the House of the Parliament constituted under section 24. |
indemnified person (1)(1.2)(1.3)(1.4)(1.5)(1.6): see subsection 86(2). |
interest-bearing membership (1)(1.1): see item 7.2.2.s of the table in subsection 112(5). |
internal body (1)(1.1)(1.1.1) means a body formed or governed under the law of Urabba Parks. |
internal proceeding (1)(1.1)(1.1.1) means a proceeding of a internal body. |
judicial director (1)(1.3)(3)(3.1) means a director appointed under subsection 70(1). |
jurisdictional division (1)(1.5)(5) includes:
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legislative director (1)(1.2)(2)(2.1) means a director appointed under subsection 21(1). |
Manager‑General in Council (2)(2.1): see section 63. |
Manager‑General (2)(2.1) includes an Honorary Manager present on the premises or at the proceedings of Urabba Parks, the Manager‑General for the time being and such person as the Enactor may appoint to administer the Government of Urabba Parks; but no such person shall be entitled to receive any salary from Urabba Parks in respect of any other office during the person’s administration of the Government of Urabba Parks (and for the purpose of this definition, salary does not include a presentation fee). |
member by residence (1)(1.5)(1.6)(5)(6) means, in relation to a constituency, jurisdictional division or municipal district or part thereof, a member of the constituency, jurisdictional division or municipal district based:
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membership structure item (2)(2.2) includes:
for the purposes of this paragraph, membership is convertible if the membership is of a class that may be converted under the law dealing with matters falling within this paragraph without the enactment of a law dealing with matters falling in paragraph (b);
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ordinary member (1)(1.1): see item 7.5.0.s of the table in subsection 112(5). |
original grant of membership (1)(1.1) means a grant of membership or interest in membership by way of allotment or agreement to allot. |
parliamentary body (1)(1.2) includes:
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parliamentary proceeding (1)(1.2) means a proceeding of a parliamentary body. |
patron member (1)(1.8)(8): see item 7.3.0.s of the table in subsection 112(5). |
personal information (1)(1.1)(1.1.1) has the same meaning as in section 6 of the Privacy Act 1988 of the Parliament of the Commonwealth. |
placeholder component (1)(1.1) means a component of a registration item number falling in subsection (9). |
proceeding (1)(1.1)(1.1.1) includes the following in relation to a body:
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Proprietary Council (2)(2.1) means Mister Enactor’s Most Helpful Proprietary Council for Urabba Parks established under section 62. |
public fund (1)(1.1) means a gift fund endorsed under Division 30 of the Income Tax Assessment Act 1997 of the Parliament of the Commonwealth as a public fund. |
registered place (1)(1.2)(1.3)(1.4)(1.5)(1.6) means a place that is or falls under a registration item.
registration item (1)(1.2)(1.3)(1.4)(1.5)(1.6) means a body or place in a law or instrument:
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represented member (1)(1.2)(2)(2.1): see item 7.0.8 of the table in subsection 112(5). |
revenue item (2)(2.2) includes the imposition of the following, with each paragraph being a separate revenue item:
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separate member (1)(1.1)(1.1.1) means, in respect of a constituency entitled to vote on a particular question at a internal proceeding, a member who:
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service member (1)(1.1)(1.7)(7): see item 7.2.0.s of the table in subsection 112(5). |
shared judicial oversight board (3)(3.1) means a body having functions under the law of multiple non-state jurisdictions in respect of referrals of alleged misbehaviour or incapacity of a judicial officer, but for the purposes of this definition such a body may only have the power to appoint an investigating panel if the body consists of at least:
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special provision (1)(1.1)(1.1.1) means a law that may only be amended or repealed by a special resolution. |
supplemental grant of membership (1)(1.1) means a grant of membership that is not an original grant of membership, and includes a transfer or transmission. |
supplementary component (1)(1.1) means a component of a registration item number falling in subsection (12). |
supply benefit (1)(1.1) means a benefit that is made for any consideration, in whole or in part, and includes a supply benefit that is also a charitable benefit. |
Urabbaparcensian Associate (1)(1.1): see item 7.5 of the table in subsection 112(5). |
vacant in the whole (1)(1.2)(2)(2.1) means, in relation to a body that is a deliberative component of the legislature, no places have been provided under law as having membership of the component, or in respect of each place provided:
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visitational membership (1)(1.4)(4)(4.1): see item 7.9.s of the table in subsection 112(5). |
Visitatorial Commission (4)(4.1) means the Visitatorial Commission of Urabba Parks established under section 101. |
visitatorial matter (4)(4.1) includes the following:
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Rules of interpretation
(2) This Constitution is to be interpreted as if the Acts Interpretation Act 1901 of the Parliament of the Commonwealth as in force on the establishment of jurisdiction applied to this Constitution.
Groups of entities
(3) This table sets out the definitions related to groups of entities:
Column 1
Nature of constitutional relationship |
Column 2
Entities with constitutional relationship with the head entity |
Column 3
Entities controlled by the head entity or entities with constitutional relationship with the head entity |
Column 4
Entities controlled or significantly influenced by the head entity or entities with constitutional relationship with the head entity | |
---|---|---|---|---|
1 | None | control group | influence group | |
2 | Foundation | foundation group | foundation control group | foundation influence group |
3 | Judicial | judicial group | judicial control group | judicial influence group |
4 | Legislative | legislative group | legislative control group | legislative influence group |
(4) For the avoidance of doubt:
- (a) the head of a group falling in subsection (3) is also a member of a group; and
- (b) in the case of entities having joint control over other entities, each entity having joint control is taken to be a member of a control group formed by such entities and the other entities controlled jointly by such entities.
Rules relating to registered places
(5) Each component of a registration item is separated by a full stop.
(6) Any description, qualification or category applying to a registration item applies to each entity, body or place with a registered place number:
- (a) that may be provided by substitution for a placeholder component in the item by a number other than zero (‘0’); or
- (b) beginning with the item or an item falling in paragraph (a);
and each entity, body or place to which the descriptions, qualifications and categories of a registration item apply by virtue of this subsection is taken to fall under the item.
(7) Items in a registration table are to be positioned by component, and each component shall be ordered as follows:
- (a) components with the value zero (‘0’);
- (b) placeholders other than the ranked position number (placeholder component ‘y’);
- (c) numbers;
- (d) placeholder component ‘y’;
- (e) supplementary components.
(8) A component of a registration item may be separated into subcomponents with a semicolon (:).
Placeholder components
(9) This table sets out the placeholder components:
Item | Description of component |
---|---|
a | Appointment number |
b | Body number |
c | Cluster number |
d | Jurisdiction number |
e | Entity number |
g | Grade number |
h | Foundation seniority number |
k | Constituency number |
m | Municipal district number |
q | Inquiry number |
s | Membership number |
t | Court number |
v | Team number |
w | Title number |
x | Equal position number |
y | Ranked position number |
(10) If the last component of a registration item is the placeholder of a ranked position number (placeholder component y), the component need not form a registered place number falling in the item if the place is that of a member of a body who cannot appoint or otherwise act through an alternate member.
Supplementary components
(11) A registered place number may consist of a supplementary component added to the end of the number.
(12) This table sets out supplementary components:
Item | Description of component |
---|---|
N | Nominator |
P | Presenter |
Categories of registered places
(13) A registered place shall fall within an item in the table in subsection (14) (a category):
- (a) if the place is or falls under a registration item falling in a category; and
- (b) subject to any conditions expressed in the registration item falling in paragraph (a).
(14) This table sets out the categories of registered places:
Item | Category name |
---|---|
A | Administrative place |
B | Representative place |
C | Corporate service place |
D | Director place |
E | Engagement place |
F | Defence place |
G | Senior management place |
H | Household place |
I | Independent management place |
J | Judicial place |
K | Legal system place |
L | Municipal place |
M | Committee of management place |
N | Entity management place |
O | Law enforcement place |
P | Parliamentary management place |
Q | Inquisitional place |
R | Place associated with a jurisdictional division |
S | Secretary place |
T | Titular place |
U | Honorary place |
V | Visitatorial place |
W | Independent governance place |
X | External relations place |
Y | Stakeholder place |
Z | Assurance place |