Editing Constitution of Urabba Parks/Section 9

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= Applicability of laws =

== Powers of Urabba Parks ==
(1)  The powers of Urabba Parks may only be exercised under the authorisation of:

:(a)  a resolution of its members; or

:(b)  its judicial power.

== Performance of office and attendance at meetings ==
(2)  No person may knowingly or recklessly report for duty of any office or employment in Urabba&nbsp;Parks, perform any duty or attend or remain present at a meeting or part of a meeting of a internal body if the person is disqualified or suspended from the proceedings of Urabba&nbsp;Parks.

(3)  Subsection&nbsp;(2) does not apply to a person:

:(a)  who appears before a internal body as required under the agreement of jurisdiction; or

:(b)  engaged as a participant in a scheme of work for offenders.

== Meaning of disqualification ==
(4)  A person is disqualified from proceedings of Urabba&nbsp;Parks if the person is serving:

:(a)  imprisonment for an offence against the law of:

::(i)  the Commonwealth;

::(ii)  a country of which Her&nbsp;Majesty has foundation;

::(iii)  a country declared by law for the purposes of this subparagraph;

::(iv)  a jurisdiction forming part of the legislative group of a country falling in this paragraph is head;

:(b)  disqualification from the proceedings for an offence against the law of:

::(i)  Urabba&nbsp;Parks;

::(ii)  a member of the foundation group of which Urabba&nbsp;Parks is a member;

::(iii)  a non-state jurisdiction declared by law for the purposes of this subparagraph;

::(iv)  a jurisdiction forming part of the legislative group of a non-state jurisdiction falling in this paragraph is head.

== Meaning of suspension ==
(5)  A person is suspended from the proceedings of Urabba&nbsp;Parks if the person is subject to an order of a jurisdiction falling in subsection&nbsp;(4) to do or pay anything as required under law, and the order has not been complied with.

= Relevant notes from the Explanatory Memorandum =
72. This section:
:(A) provides the powers of Urabba&nbsp;Parks must be exercised by a resolution of the members (legislative or executive power) or the judicial power;
:(B) provides that a person shall not knowingly or recklessly report for duty of any office or employment in Urabba&nbsp;Parks or enter a proceeding of a internal body if the person is disqualified or suspended from the proceedings of Urabba&nbsp;Parks, subject to exemptions for appearance at a internal body as required under the agreement of jurisdiction and participation in a scheme of work for offenders; and
:(C) sets out the grounds for disqualification and suspension.

73. This intention of this section&nbsp;is to implement the jurisdiction by restricting the exercise of corporate powers to constitutionally recognised mechanisms and the right of members to attend meetings.

74. A person is disqualified if the person is imprisoned under the law of Australia, another country of which the Her Majesty has foundation or another country provided under law or is disqualified under the law of Urabba&nbsp;Parks, another non-state jurisdiction of which the Enactor has foundation (being within the same foundation group of which Urabba&nbsp;Parks is a member), another non-state jurisdiction provided under law or another part of such jurisdiction.  The ability of the provisions of other jurisdictions under law allows for the Parliament to recognise other jurisdictions for the purposes of this section.

75. A person is suspended if the person is subject to an order issued by a jurisdiction to do or pay anything under the law which has not been complied with.  Such orders could include arrest warrants issued for failure to appear before a court, warrants issued by a non-state jurisdiction for exclusion from the premises of the jurisdiction pending the person’s appearance before that jurisdiction’s judicial power, as well as orders for remedies and damages payable as a result of a judicial order.
Section&nbsp;10: Effect of laws

76. Subsection&nbsp;(1) provides that, subject to this section, laws made under the Constitution have effect as if expressed in the Constitution.  This means that matters that are usually covered by corporate constitutions, such as the rights of members and the conduct of their meetings, may be dealt with by way of laws made by the Parliament.  Subsection&nbsp;(2) provides for the invalidity of laws in the case of inconsistency with higher-ranking laws as set out in subsection&nbsp;(3).

77. Subsection&nbsp;(3) creates a hierarchy of law and names the various sources of the law; such as:
:(A) provisions of this Constitution falling in an entrenchment, provided that provisions shall be of no effect to the extent they are inconsistent with provisions falling in another entrenchment&nbsp;above or falling in the entrenchment&nbsp;(see note&nbsp;353 for more information on this table);
:(B) law of entities with legislative rights over Urabba&nbsp;Parks (item&nbsp;1A) – this item&nbsp;provides for the effect of the law of those entities as laws of Urabba&nbsp;Parks;
:(C) provisions contained in enactments of Urabba&nbsp;Parks other than those actually expressed in this Constitution falling in an entrenchment, provided that provisions shall be of no effect to the extent they are inconsistent with provisions falling in another entrenchment&nbsp;above or falling in the entrenchment&nbsp;(item&nbsp;2) – this allows for the entrenchment&nbsp;of certain laws other than this Constitution, such as entrenchable matter falling in subclause&nbsp;3(2) of Schedule&nbsp;2 (see note&nbsp;358);
:(D) provisions actually expressed in this Constitution other than provisions falling in a previous item&nbsp;(item&nbsp;3)  – this allows for the supremacy of the Constitution over other laws (with the exception of those laws falling above);
:(E) enactments of Urabba&nbsp;Parks other than laws falling in a previous item&nbsp;of this table (item&nbsp;4) – this will represent the overwhelming majority of legislation;
:(F) precedent binding on the judicature of Urabba&nbsp;Parks (item&nbsp;5);
:(G) provisions in the Corporations Act 2001 that would apply either as mandatory rules or replaceable rules to a public company not registered under the Australian Charities and Not-for-profits Commission Act 2012, excepting replaceable rules that affect the appointment or term of a director, secretary or other officer (item&nbsp;6); and
:(H) law and rules existing at the establishment of jurisdiction (item&nbsp;7).

78. Subsection&nbsp;(4) also limits the effect of laws that would cause Urabba&nbsp;Parks to apply its money or other property to objects other than charitable purposes, or engage in activity that may be dealt with as an indictable offence or civil penalty under Australian law.  Subsection&nbsp;(5) limits the objects of Urabba&nbsp;Parks to ‘charitable purposes’ and provides Urabba&nbsp;Parks  shall not have ‘disqualifying purposes’ (terms which under subsection&nbsp;(6) have the meaning given by sections 11 and 12 of the Charities Act 2013).  Furthermore subsection&nbsp;(7) voids laws if the law would make a person liable for a criminal offence or civil penalty under Australian law.  These provisions are relevant to ensure Urabba&nbsp;Parks’ adherence to ACNC Governance Standards 1 and 3.

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