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| [[Constitution of Urabba Parks/Contents|Table]]|[[Constitution of Urabba Parks/Notes|Notes]]|[[Constitution of Urabba Parks/Section 7|Previous]]|[[Constitution of Urabba Parks/Section 9|Next]]|[[Constitution of Urabba Parks/Download|Download]]<br>{{Navbar|L=Constitution of Urabba Parks|Ch=1|Pt=2|Div=1|Sdiv=A|S=8}} | | [[Constitution of Urabba Parks/Section 4|Previous section]]|[[Constitution of Urabba Parks|Table of Contents]]|[[Constitution of Urabba Parks/Section 6|Next section]] |
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| = Entry survival and severance of agreement = | | = Entry survival and severance of agreement = |
| <span id="s1"></span>(1) A person is taken to have entered into the agreement of jurisdiction if:
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| :<span id="par1a"></span>(a) the person becomes unconditionally entitled to be registered as a holder of membership of Urabba Parks;
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| :<span id="par1b"></span>(b) the person becomes a party to a deed or agreement expressly providing for the person to be bound by the agreement of jurisdiction; or
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| :<span id="par1c"></span>(c) under the terms of a deed or agreement of which the person is a party or which has effect on the person where the person is liable to be bound by the agreement of jurisdiction.
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| <span id="s2"></span>(2) The agreement of jurisdiction:
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| :<span id="par2a"></span>(a) shall survive:
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| ::(i) the resignation, cessation or resumption of membership of Urabba Parks by a person;
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| ::(ii) the cessation or termination of any other agreement; and
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| :<span id="par2b"></span>(b) is severable to the extent that it provides for arbitration of any matter that under an Australian law or by public policy is to be determined in a forum as determined under an Australian law, including but not limited to a person’s rights under the ''Corporations Act 2001'' of the Parliament of the Commonwealth, but only to that extent.
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| = <span id="EM"></span>Relevant notes from the Explanatory Memorandum =
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| 68. This section provides that a person is taken to have entered into the agreement of jurisdiction:
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| :(A) if the person becomes registered as a holder of membership; or
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| :(B) is a party to a deed or agreement expressly agreeing to the agreement; or
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| :(C) in a circumstance as provided by a deed or agreement having effect on the person or which the person is a party.
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| 69. The reason for the entering of the agreement of jurisdiction in a circumstance as provided by a deed or agreement having effect on the person is to provide for the entry into the agreement of jurisdiction by entity pass holders.
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| 70. An entity pass is a document issued by another non-state jurisdiction where the holder is (because of some deed or agreement under which the entity pass is issued) enters the agreement of jurisdiction (or equivalent) of any recognised non-state jurisdiction whenever the person enters the territorial premises of the jurisdiction.
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| 71. This section also provides for the survival of the agreement of jurisdiction despite any change in the person’s status as a member, and provides for limited severance in the case the agreement limits the person’s statutory Australian law rights, such as rights of members under Chapter 2F of the ''Corporations Act 2001'' to bring proceedings against or in the name of companies registered under the Act.
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| | {{Constitution of Urabba Parks|state=expanded}} |
| | [[Category:Constitution of Urabba Parks| ]] |
| | [[Category:2021 in Urabbaparcensian law]] |
| [[Category:Urabbaparcensian constitutional law| ]] | | [[Category:Urabbaparcensian constitutional law| ]] |
