Constitution of Urabba Parks/Section 8: Difference between revisions
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[[Constitution of Urabba Parks/ | [[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]] | ||
= Entry survival and severance of agreement = | = Entry survival and severance of agreement = | ||
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:(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. | :(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. | ||
= Relevant notes from the Explanatory Memorandum = | |||
Revision as of 18:54, 23 September 2021
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Entry survival and severance of agreement
(1) A person is taken to have entered into the agreement of jurisdiction if:
- (a) the person becomes unconditionally entitled to be registered as a holder of membership of Urabba Parks;
- (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
- (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.
(2) The agreement of jurisdiction:
- (a) shall survive:
- (i) the resignation, cessation or resumption of membership of Urabba Parks by a person;
- (ii) the cessation or termination of any other agreement; and
- (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.