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Constitution of Urabba Parks/Section 44
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[[Constitution of Urabba Parks/Contents|Table]]|[[Constitution of Urabba Parks/Notes|Notes]]|[[Constitution of Urabba Parks/Section 43|Previous]]|[[Constitution of Urabba Parks/Section 45|Next]]|[[Constitution of Urabba Parks/Download|Download]]<br>{{Navbar|L=Constitution of Urabba Parks|Ch=1|Pt=4|Div=1|Sdiv=B|S=44}} = Disqualification = <span id="s1"></span>(1)Β A person shall be incapable of being chosen or of sitting as a member of a House of the Parliament if the person is subject to any of the disqualifications set out in subsection (2). <span id="s2"></span>(2)Β This table sets out disqualifications from being chosen or of sitting as a member of a House of the Parliament: {| class="wikitable" |+Table 8: Disqualifications from being chosen or of sitting as a member of a House of the Parliament ! style="width: 5%; text-align:left;"|Item ! style="width: 95%; text-align:left;"|Disqualification |- style="vertical-align:top; text-align:left;" |<span id="item1"></span><span id="item2-1"></span>1 |Attained of treason or treachery, or convicted or found guilty for any offence punishable by imprisonment for 5 years or longer under the law of a state jurisdiction falling in [[Constitution of Urabba Parks/Section 31#item2|item 2 of the table in subsection 31(3)]] or as the Parliament provides, who has not been pardoned | |- style="vertical-align:top; text-align:left;" |<span id="item2"></span><span id="item2-2"></span>2 |Serving a sentence of imprisonment for an offence against the law of a state jurisdiction falling in item 1 | |- style="vertical-align:top; text-align:left;" |<span id="item3"></span><span id="item2-3"></span>3 |Disqualified or suspended from appointment as a company director, charity trustee or person responsible for the management of a company or charity under the law of a state jurisdiction falling in item 1 or as the Parliament provides | |- style="vertical-align:top; text-align:left;" |<span id="item4"></span><span id="item2-4"></span>4 |Attainted of subversion or betrayal, or has been condemned and is under sanction, or subject to be sanctioned, for any offence against the law of a non-state jurisdiction falling in [[Constitution of Urabba Parks/Section 31#item4|item 4 of the table in subsection 31(3)]] or as the Parliament provides | |- style="vertical-align:top; text-align:left;" |<span id="item5"></span><span id="item2-5"></span>5 |Serving a sanction of disqualification for an offence against the law of a non-state jurisdiction falling in item 4 | |- style="vertical-align:top; text-align:left;" |<span id="item6"></span><span id="item2-6"></span>6 |Insolvent under administration | |- style="vertical-align:top; text-align:left;" |<span id="item7"></span><span id="item2-7"></span>7 |Holding membership of any component of the legislature, or any office of profit or responsibility under: :(a) a state jurisdiction; :(b) a non-state jurisdiction falling in item 4 | |- style="vertical-align:top; text-align:left;" |<span id="item1"></span><span id="item2-1"></span>8 |Holding office in a local government entity in any state jurisdiction, or a campus government entity of a non-state jurisdiction falling in item 4 | |- style="vertical-align:top; text-align:left;" |<span id="item1"></span><span id="item2-1"></span>9 |In receipt of supply benefits from any entity within the legislative influence group of which Urabba Parks is Head |} == <span id="s3"></span>Certain matters, offices and contracts excepted == (3)Β No item in the table in subsection (2) applies where any item in this table applies. {| class="wikitable" |+Table 9: Exceptions from disqualifications from being chosen or of sitting as a member of a House of the Parliament ! style="width: 5%; text-align:left;"|Item ! style="width: 95%; text-align:left;"|Exception |- style="vertical-align:top; text-align:left;" |<span id="item3-1"></span>1 |An act, matter or thing: :(a) that is declared under law not to have effect; and :(b) is not an act, matter or thing that has caused or been caused by any inability of a person to be appointed or remain a director or charity trustee of Urabba Parks under an Australian law |- style="vertical-align:top; text-align:left;" |<span id="item3-2"></span>2 |An engagement with a defence force or emergency service of a state jurisdiction falling in item 3 of the table in subsection (2): :(a) that is not on a professional basis; or :(b) that is professional and not on a full-time basis | |- style="vertical-align:top; text-align:left;" |<span id="item3-3"></span>3 |The holding of an office (whether paid or honorary) held in: :(a) a medical establishment; :(b) a personal care establishment; or :(c)Β an educational establishment; excepting offices where remuneration is payable from an entity representing the Management or a campus government entity (or equivalent) within the foundation influence group of which Urabba Parks is Head | |- style="vertical-align:top; text-align:left;" |<span id="item3-4"></span>4 |The assumption of the administration of the Government of Urabba Parks on an honorary basis by a legislative director who is not a Minister of Corporation | |- style="vertical-align:top; text-align:left;" |<span id="item3-5"></span>5 |Holding of the place of a Minister of Corporation | |- style="vertical-align:top; text-align:left;" |<span id="item3-6"></span>6 |An engagement with the Defence Service of a non-state jurisdiction falling in item 4 of the table in subsection (2) whose services are honorary | |- style="vertical-align:top; text-align:left;" |<span id="item3-7"></span>7 |The receipt of exempt benefits | |- style="vertical-align:top; text-align:left;" |<span id="item3-8"></span>8 |The receipt of an approved benefit payable to a legislative director or Minister of Corporation of Urabba Parks |} = <span id="EM"></span>Relevant notes from the Explanatory Memorandum = 147. This section, based on the corresponding section of the Australian Constitution, sets out the disqualifications from Parliament. Subsection (1) provides that a person cannot become a member of a House of the Parliament if subject to the disqualifications in the table in subsection (2), including: :(A) attainment of treason or treachery, or conviction for offences under the law of a state jurisdiction falling in [[Constitution of Urabba Parks/Section 31#item2|item 2 of the table in subsection 31(3)]] or provided by the Parliament punishable by 5 years imprisonment or more who has not been pardoned (item 1); :(B) serving a sentence of imprisonment for an offence against the law of a state jurisdiction falling in item 1 (item 2); :(C) disqualification from managing corporations or charities under the law of a state jurisdiction falling in item 1 or as the Parliament provides (item 3); :(D) attainment of subversion or betrayal, or condemnation for offences under the law of a non-state jurisdiction falling in [[Constitution of Urabba Parks/Section 31#item4|item 4 of the table in subsection 31(3)]] or as the Parliament provides sanctionable by 5 years or more (item 4); :(E) serving a sanction of disqualification for an offence against the law of a non-state jurisdiction falling in item 4 (item 5); :(F) insolvent under administration (item 6); :(G) holding office in a state jurisdiction or a non-state jurisdiction (item 7); :(H) holding office in a local government entity in a state jurisdiction, or a campus government entity of any non-state jurisdiction falling in item 4 (item 8); :(I) receipt of supply benefits from any entity within the legislative influence group of which Urabba Parks is Head (item 9). == Exemptions == 148. Subsection (3) provides for some exemption from the disqualifications, including: :(A) acts, matters and things declared not to have effect that do not involve the ability of the person to be appointed or remain a director or charity trustee of Urabba Parks under an Australian law (item 1); :(B) service in the defence reserves or emergency services (item 2); :(C) holding office in a medical establishment, personal care establishment or educational establishment outside the foundation influence group of which Urabba Parks is Head (item 3); :(D) assumption of the Government, except by a Minister (item 4); :(E) holding of the place of a Minister of Corporation (item 5); :(F) honorary engagements with Defence Services of non-state jurisdictions (item 6); :(G) receipt of exempt benefits (item 7); receipt of an approved benefit payable to a legislative director or Minister of Corporation of Urabba Parks (item 8). [[Category:Urabbaparcensian constitutional law| ]]
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