Editing Constitution of Urabba Parks/Section 86

(1)  Subject to this Division, Urabba Parks shall indemnify an indemnified person against any liability, loss or expense that:

:(b)  is to a person other than:

::(i)  Urabba Parks;

::(ii)  an entity having foundation in Urabba Parks;

::(iii)  a related body corporate of Urabba Parks or an entity having foundation in Urabba Parks;

:(c)  does not arise out of conduct involving a lack of good faith;

:(d)  is incurred in the successful outcome of:

::(i)  the defence of legal proceedings (criminal or civil); or

::(ii)  an application for relief under the ''Corporations Act 2001'' of the Parliament of the Commonwealth; and

:(e)  is not a liability, loss or expense for which a person is not entitled to indemnity under law.

== Definition of ''indemnified person'' ==

:(a)  an administrative place (category A) that:

::(i)  is also a titular place (category T); or

::(ii)  is also a household place (category H) appointed in the name of the occupant of a category T place;

:(b)  a representative place (category B) that falls under item 1 of the table in subsection 20(3) or falls in category R;

:(c)  a senior management place (category G) that:

::(i)  may be occupied by a person who was a director in the previous 90 days and who upon the cessation of office as a director also occupied a place falling category G, or a candidate in a general election for a representative place (category B) where the writs have not yet been returned;

::(ii)  is also a corporate service place (category C), defence place (category F), law enforcement place (category O) or external service place (category X);

also falling under item 2 of the table in subsection 61(2) or falls in category R;

:(d)  a judicial place (category J) or legal system place (category K) that falls under item 3 of the table in subsection 70(5) or falls in category R;

:(e)  a municipal place (category L) that falls under item 6 of the table in section 111;

:(f)  a committee of management place (category M):

::(i)  removable by the relevant members of Urabba Parks;

::(ii)  that is also a category H place; or

::(iii)  appointed and removable by the occupant of a place in category A, H or G, or an internal body constituted wholly by persons falling in those categories;

:(g)  an entity management place (category N):

::(i)  that is also a category H or M place; or

::(ii)  appointed and removable by the occupant of a place in category A, H, G, M or N; or

::(iii)  appointed an internal body constituted wholly by occupants of places of categories falling in subparagraph (ii);

:(h)  a parliamentary management place (category P) that falls under item 1 of the table in subsection 20(3) or falls in category R;

:(i)  an independent governance place (category W) that falls under item 4 of the table in subsection 100(4) or falls in category R;

:(j)  an assurance place (category Z) that falls under item 4 of the table in subsection 100(4) or falls in category R.                 

== Application to jurisdictional divisions ==

(3)  For the purposes of this section, a place only falls in category R if it also falls in item 5.d of the table in subsection 106(2).

== Limitation of indemnity ==

(4)  A law of Urabba Parks that has the effect of limiting indemnity payable in respect of a person that is lawful (but for the law) shall not be taken to limit such indemnity in relation to acts and omissions before the alteration, except in relation to a person who has voluntarily agreed to the limitation. 

 

 

= Relevant note from the Explanatory Memorandum =

:(B) a representative place (category B) in item 1 of the table in subsection 20(3) or in category R;

:(C) a senior management place (category G) that may be held by a person who was a director in the previous 90 days and who upon the cessation of office as a director also occupied a place falling category G, or a candidate in a general election for a representative place (category B) where the writs have not yet been returned, or is also in category C, F, O or X that falls under item 2 of the table in subsection 61(2) or falls in category R;

:(D)  a judicial place (category J) or legal system place that falls under item 3 of the table in subsection 70(5) or falls in category R;

:(E) a municipal place (category L) that falls under item 6 of the table in section 111;

:(H) a parliamentary management place (category P) that falls under item 1 of the table in subsection 20(3) or falls in category R;

:(I) an independent governance place (category W) that falls under item 4 of the table in subsection 100(4) or falls in category R; and

:(J) place associated with those engaged to provide assurance and professional advisory services (category Z) that falls under item 4 of the table in subsection 100(4) or falls in category R.