Constitution of Urabba Parks/Section 9

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Chapter 1 >>Part 2 >>Division 1 >>Subdivision B >>Section 9

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 Parks, perform any duty or attend or remain present at a meeting or part of a meeting of an internal body if the person is disqualified or suspended from the proceedings of Urabba Parks.

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

(a)  who appears before an 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 Parks if the person is serving:

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

(i)  the Commonwealth;

(ii)  a country of which Her 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 Parks;

(ii)  a member of the foundation group of which Urabba 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 Parks if the person is subject to an order of a jurisdiction falling in subsection (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 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 Parks or enter a proceeding of an internal body if the person is disqualified or suspended from the proceedings of Urabba Parks, subject to exemptions for appearance at an 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 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 Her Majesty has foundation or another country provided under law or is disqualified under the law of Urabba Parks, another non-state jurisdiction of which the Enactor has foundation (being within the same foundation group of which Urabba 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.