Constitution of Urabba Parks/Section 4
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:
(a) in the case of a Commissioner of the Visitatorial Commission - each ecclesial entity and entity not able to distribute profits to non-charitable members that is a presenter of a Commissioner of the Visitatorial Commission or of which a Commissioner is charged with spiritual functions, provided that an entity other than an ecclesial entity only falls in this paragraph if its governing body consists of at least 3 members not connected entities of each other; (b) in the case of a member of a campus government entity – a body of at least 2 members consisting wholly of occupants of independent management places (category I) or independent governance places (category W), provided that any member of the body is not an entity subject to the proposed approval or a connected entity thereof; (c) in any other case - the Visitatorial Commission or another body provided by the Parliament: (i) consisting wholly of occupants of independent governance places (category W); or (ii) that is a body formed within an organisation of non-state jurisdictions, where none of the members of the body occupy legislative or judicial office in those jurisdictions; 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:
(a) under the law of Urabba Parks: (i) has succession within Urabba Parks; and (ii) has the power to grant membership of Urabba Parks or has membership attached to it; and (c) is not: (i) a jurisdictional division; or (ii) a campus government entity; (iii) a religious entity, charitable fund or trustee for a charitable fund falling in item 7.11.e of the table in subsection 112(5). |
| 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):
(a) means a benefit that is either or both: (i) a public benefit as defined in section 6 of the Charities Act 2013 of the Parliament of the Commonwealth; or (ii) a benefit to a charity; and (b) without limiting paragraph (a), includes: (i) a supply benefit that is also a charitable benefit; and (ii) a charity distribution. |
| charity distribution (1)(1.1) includes the following:
(a) an application of property to an eligible charity nominated by a member of Urabba Parks; (b) a credit of property to a giving account held by the member; (c) a credit of property to a giving pool to which membership is attached; (d) the grant of fully paid membership of Urabba Parks (other than service membership). |
| 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):
(a) a person who has control, joint control or significant influence in the first-mentioned entity; (b) a close member of the family of the first-mentioned entity or a person falling in paragraph (a) within the meaning of paragraph 9 of AASB 124 Related Party Disclosures; (c) an entity of which the first-mentioned entity or person falling in paragraph (a) or (b) has foundation; (d) a member of the control group or influence group of the first-mentioned entity or a person falling in paragraphs (a) to (c); (e) a person who: (i) is a connected person of Urabba Parks within the meaning of section 118 of the Charities Act 2011 of the Parliament of the United Kingdom by virtue of the first-mentioned entity being a charity trustee of Urabba Parks; or (ii) would fall in subparagraph (i) if the first-mentioned entity were to be a charity trustee of Urabba Parks; (f) an entity provided as being a connected entity of the first-mentioned entity under law. |
| 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):
(a) means a change to a law or proposed law: (i) that does not have any effect on the law or any other law; and (ii) is made for reasons of presentation only; and (b) includes an editorial change as defined in section 15X of the Legislation Act 2003 of the Parliament of the Commonwealth, as if subsection (3) of that section covers laws and instruments made by any entity (including Urabba Parks). |
| eligible charity (1)(1.1) includes:
(a) a charity having similar purposes to Urabba Parks; (b) a government entity (as defined by section 4 of the Charities Act 2013 of the Parliament of the Commonwealth) that is able to receive the surplus assets of Urabba Parks upon winding-up on the basis the government entity would be a charity if it were not a government entity; and (c) an entity formed within Urabba Parks; 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:
(a) a public benefit as defined in section 6 of the Charities Act 2013 of the Parliament of the Commonwealth; (b) a purchase of property or services on arm’s length terms, or at a discount, where such discount is an exempt benefit by virtue of any other paragraph of this definition; (c) a grant of membership in an eligible charity: (i) for no consideration; (ii) upon winding-up of Urabba Parks; (iii) in consideration of having membership acquired by Urabba Parks and making any charity distributions in respect of the membership to the eligible charity or another eligible charity nominated by the first-mentioned eligible charity; (d) a charity distribution; (e) the issue of a redeemable or repayable financial instrument issued for consideration of the amount paid up on its principal; (f) lawful indemnity and insurance benefits given under Division 2 of Part 1 of Chapter 4; (g) the provision of services to an entity in relation to the duties of the entity in regards to the control group of which Urabba Parks is Head, including the following: (i) travel, sustenance, accommodation or telecommunications; (ii) use of a vehicle; (iii) personal care for the person, a dependant of the person or a person in the charge of the person whilst the person is carrying out duties and responsibilities in relation to the entity or travel associated with those duties; (iv) acquisition of property and services for the benefit of the control group of which Urabba Parks is Head or of which is necessary for the person to carry out duties and responsibilities in relation to the entity; (v) any other expense beneficial to the conduct of the business of Urabba Parks that may reasonably be regarded as analogous to, or within the spirit of, any of the kinds of expenses mentioned in subparagraphs (i) to (iv); (h) a reimbursement for expenses falling in paragraph (g); (i) an allowance payable to the recipient of an approved benefit for the purposes of expenses falling in paragraph (g). |
| expulsion order (1)(1.1) means an order (however described):
(a) made by a judicial body as a result of: (i) a conviction for an offence against the law of a relevant state jurisdiction; (ii) a condemnation for an offence against the law of a non-state jurisdiction; or (iii) failure to do or pay anything as required by a body that may hear and examine evidence under law or consent of the parties; (b) that permits a disposal warrant to be issued; and (c) that prevents the person from acquiring membership in Urabba Parks for consideration. |
| 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):
(a) which is credited with the following: (i) all gifts made for the principal purpose of the gift fund; (ii) contributions described in item 7 or item 8 of the table in section 30.15 of ITAA97 in relation to a fundraising event held for that purpose; (iii) property received because of gifts falling in subparagraph (i) or contributions falling in subparagraph (ii); (b) that does not receive any property not falling in paragraph (a); and (c) which is applied for the purposes of the gift fund. |
| giving account (1)(1.1) means an account:
(a) subject to the law of Urabba Parks; and (b) that may only be applied for the purpose of: (i) charity distributions; or (ii) fees and charges payable to Urabba Parks. |
| 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:
(a) the Executive Government of Urabba Parks or a jurisdictional division; (b) a campus government entity; (c) an association; (d) a member, but only in the case of membership attached to property (and for the purposes of this paragraph property does not include cash). |
| holder of membership (1)(1.1)(1.1.1) includes a person who is:
(a) a member; or (b) holding membership jointly with others. |
| 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:
(a) a region; and (b) a jurisdiction declared to be a jurisdictional division for the purposes of a particular provision of this Constitution. |
| 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:
(a) on the street address of the member in the register of members, if the address is occupied by the member; or (b) if the address in the register is not a street address occupied by the member – a statement appearing in the register of members that the member, or an entity nominated by the member, resides or conducts business in the constituency, jurisdictional division or municipal district or part thereof. |
| membership structure item (2)(2.2) includes:
(a) the authorisation original grant of the following, with each subparagraph being a separate membership structure item: (i) ordinary membership not convertible to patron membership; (ii) service membership not convertible to patron membership or ordinary membership; (iii) service membership convertible to ordinary membership; (iv) patron membership not convertible to ordinary membership; (v) patron membership convertible to ordinary membership; (vi) ordinary membership; 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); (b) the conversion (other than under the law governing the original grant) of the following, with each subparagraph being a separate membership structure item: (i) service membership to ordinary membership; (ii) service membership to patron membership; (iii) patron membership to ordinary membership. |
| 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:
(a) a deliberative component of the legislature; (b) the components of the legislature together; (c) a committee of a deliberative component; and (d) a joint committee of the deliberative components. |
| 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:
(a) an election; (b) a referendum; (c) a meeting; (d) a circular resolution; (e) a resolution of the sole voting member of the body; (f) an agreement or recorded vote (however made or taken) of the members of the body; (g) anything done by the body binding on the body, or of which is declared by the body to be a proceeding of the body. |
| 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: (a) provided as a registration item in this Constitution; or (b) that falls under a registration item. |
| 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:
(a) an income levy; (b) a levy on a supply made by an entity; (c) a levy on acquisitions and expenditure of an entity; (d) a levy on the creation or addition to the value of inventory; (e) a membership fee payable to the Executive Government; (f) a transfer fee or transfer levy on any security (including membership); (g) a fee to register or remain registered on an electoral roll used for a internal proceeding. |
| 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:
(a) is not in the same control group as another member; or (b) is in the same control group as another member and: (i) is appointed the separate member by the entity that controls the other members; (ii) in the absence of an appointment in subparagraph (i) ‑ controls the other members; (iii) if subparagraphs (i) or (ii) do not apply – is appointed by and from the members with common control; or (iv) in the absence of an appointment mentioned above – appears first in the register of members. |
| 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:
(a) one member who is or has been appointed a judicial officer of a jurisdiction for which referrals of alleged misbehaviour or incapacity may be referred by the body; and (b) one member who has never been appointed to a place falling in paragraph (a). |
| 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:
(a) chosen by election – no members of Urabba Parks are entitled to vote in an election for the place, or those members so eligible all agree not to be represented on the body in respect of the place; (b) chosen by succession – the place is vacant or reverted to the appointor, or no members of Urabba Parks are eligible succeed to the place; (c) in the case of a place not falling in paragraphs (a) or (b) – the place is vacant; (d) is occupied by a person not eligible for appointment as a director by virtue of occupying the place; or (e) is occupied by a person who is not appointed a director by virtue of occupying the place and 30 days commencing on the day the person became eligible to be appointed a director by virtue of occupying the place. |
| 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:
(a) an investigation into the conduct, capacity or reasonableness of grounds of removal of the occupant of: (i) a judicial place (category J); or (ii) an independent governance place (category W); (iii) any other place for which the Visitatorial Commission is responsible for issuing an opinion before removal of the occupant of the place from office; (b) a matter that which a report may be made under subsection 132(1); (c) a matter causing or caused by matters falling in paragraphs (a) or (b); (d) the construction of: (i) Chapter 9; (ii) a law made under Chapter 9; or (iii) an instrument made under a law falling in subparagraphs (i) or (ii); (e) matters incidental to matters falling in paragraphs (a) to (d); (f) matters the Enactor declares as being visitatorial matter. |
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 |