Editing Constitution of Urabba Parks/Section 44

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= Disqualification =
<span id="s1"></span>(1)  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&nbsp;(2).

<span id="s2"></span>(2)  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&nbsp;years or longer under the law of a state jurisdiction falling in item&nbsp;2 of the table in subsection&nbsp;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&nbsp;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&nbsp;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 item&nbsp;4 of the table in subsection&nbsp;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&nbsp;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&nbsp;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&nbsp;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&nbsp;Parks is Head
|}

== <span id="s3"></span>Certain matters, offices and contracts excepted ==
(3)  No item in the table in subsection&nbsp;(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&nbsp;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&nbsp;3 of the table in subsection&nbsp;(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)  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&nbsp;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&nbsp;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&nbsp;4 of the table in subsection&nbsp;(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&nbsp;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&nbsp;(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&nbsp;(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&nbsp;2 of the table in subsection&nbsp;31(3)]] or provided by the Parliament punishable by 5 years imprisonment or more who has not been pardoned (item&nbsp;1);
:(B) serving a sentence of imprisonment for an offence against the law of a state jurisdiction falling in item&nbsp;1 (item&nbsp;2);
:(C) disqualification from managing corporations or charities under the law of a state jurisdiction falling in item&nbsp;1 or as the Parliament provides (item&nbsp;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&nbsp;4 of the table in subsection&nbsp;31(3)]] or as the Parliament provides sanctionable by 5 years or more (item&nbsp;4);
:(E) serving a sanction of disqualification for an offence against the law of a non-state jurisdiction falling in item&nbsp;4 (item&nbsp;5);
:(F) insolvent under administration (item&nbsp;6);
:(G) holding office in a state jurisdiction or a non-state jurisdiction (item&nbsp;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&nbsp;4 (item&nbsp;8);
:(I) receipt of supply benefits from any entity within the legislative influence group of which Urabba&nbsp;Parks is Head (item&nbsp;9).

== Exemptions ==
148. Subsection&nbsp;(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&nbsp;Parks under an Australian law (item&nbsp;1);
:(B) service in the defence reserves or emergency services (item&nbsp;2);
:(C) holding office in a medical establishment, personal care establishment or educational establishment outside the foundation influence group of which Urabba&nbsp;Parks is Head (item&nbsp;3);
:(D) assumption of the Government, except by a Minister (item&nbsp;4);
:(E) holding of the place of a Minister of Corporation (item&nbsp;5);
:(F) honorary engagements with Defence Services of non-state jurisdictions (item&nbsp;6);
:(G) receipt of exempt benefits (item&nbsp;7);
receipt of an approved benefit payable to a legislative director or Minister of Corporation of Urabba&nbsp;Parks (item&nbsp;8).






[[Category:Urabbaparcensian constitutional law| ]]