Editing Constitution of Urabba Parks/Section 9

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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.
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 10: Effect of laws


76. Subsection (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 (2) provides for the invalidity of laws in the case of inconsistency with higher-ranking laws as set out in subsection (3).
77. Subsection (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 above or falling in the entrenchment (see note 353 for more information on this table);
:(B) law of entities with legislative rights over Urabba Parks (item 1A) – this item provides for the effect of the law of those entities as laws of Urabba Parks;
:(C) provisions contained in enactments of Urabba 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 above or falling in the entrenchment (item 2) – this allows for the entrenchment of certain laws other than this Constitution, such as entrenchable matter falling in subclause 3(2) of Schedule 2 (see note 358);
:(D) provisions actually expressed in this Constitution other than provisions falling in a previous item (item 3)  – this allows for the supremacy of the Constitution over other laws (with the exception of those laws falling above);
:(E) enactments of Urabba Parks other than laws falling in a previous item of this table (item 4) – this will represent the overwhelming majority of legislation;
:(F) precedent binding on the judicature of Urabba Parks (item 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 6); and
:(H) law and rules existing at the establishment of jurisdiction (item 7).
78. Subsection (4) also limits the effect of laws that would cause Urabba 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 (5) limits the objects of Urabba Parks to ‘charitable purposes’ and provides Urabba Parks  shall not have ‘disqualifying purposes’ (terms which under subsection (6) have the meaning given by sections 11 and 12 of the Charities Act 2013).  Furthermore subsection (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 Parks’ adherence to ACNC Governance Standards 1 and 3.




[[Category:Urabbaparcensian constitutional law| ]]
[[Category:Urabbaparcensian constitutional law| ]]
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