Editing Constitution of Urabba Parks/Section 42

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= Oath, affirmation or declaration of responsibility =
<span id="s1"></span>(1)  Each member of a House of the Parliament shall before taking the seat of a member make and subscribe before the Manager‑General, or some person authorised by the Manager‑General, the oath, affirmation or declaration of responsibility in the form set forth in Schedule&nbsp;1 to this Constitution.

<span id="s2"></span>(2)  No alternate member of a House of the Parliament shall take the seat of a member until both the appointing director and the alternate member has made and subscribed before the Manager‑General, or some person authorised by the Manager‑General, the oath, affirmation or declaration of responsibility in the form set forth in Schedule&nbsp;1 to this Constitution.

<span id="s3"></span>(3)  The oath, affirmation or declaration of responsibility is ''prima facie'' evidence that the member or alternate member has understood the obligations of a member under law, including the obligation to act in the best interests of Urabba&nbsp;Parks as a whole.

= Relevant notes from the Explanatory Memorandum =
144. Subsection&nbsp;(1), based on the section&nbsp;42 of the Australian Constitution, requires a member of a House of the Parliament must make and subscribe an oath, affirmation or declaration in the form set out in Schedule&nbsp;1 (the declaration requirement).  It is expected that, because of evidence laws of state jurisdictions where parliamentary proceedings take place, that a declaration would be used in place of an oath or affirmation.  Subsection&nbsp;(2) applies the declaration requirement to alternate members.

145. Subsection&nbsp;(3) provides for the purpose of the declaration requirement – as a reminder to the member to ‘the obligation to act in the best interests of Urabba&nbsp;Parks as a whole.’  The declaration requirement is significant to remind new members of Parliament about their responsibilities.  Even though the declaration is an acknowledgement of the Enactor, such acknowledgement is intended in substance to be an acknowledgement of the charitable objects and not-for-profit nature of Urabba&nbsp;Parks.  This is because when a member acknowledges the Enactor, they acknowledge the heir or successor of the Founder, who intends that Urabba&nbsp;Parks be charitable and democratic in nature.




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