Editing Constitution of Urabba Parks/Section 90

[[Constitution of Urabba Parks/Contents|Table]]|[[Constitution of Urabba Parks/Notes|Notes]]|[[Constitution of Urabba Parks/Section 89|Previous]]|[[Constitution of Urabba Parks/Section 91|Next]]|[[Constitution of Urabba Parks/Download|Download]]<br>{{Navbar|L=Constitution of Urabba Parks|Ch=4|Pt=1|Div=4|Sdiv=A|S=90}}

= Approval of benefits =

== Application to person with control or significant influence ==
(1)  A person with control or significant influence over Urabba&nbsp;Parks (other than a member of the foundation group of which Urabba&nbsp;Parks is a member), or a connected entity of such a person, must return any supply benefit received from any entity within the legislative control group of which Urabba&nbsp;Parks is Head, unless the benefit is an approved benefit or exempt benefit.

== Application to members of campus government entities and other bodies ==
(2)  The place of a member of the governing body of an entity not representing the Management (including a campus government entity or a committee of management of an association) shall become vacant if the member or any connected entity of the member is in receipt of any supply benefit from any entity in the control group of which the campus government entity or association is head, unless the benefit is an approved benefit or exempt benefit.

== Table of approved benefits ==
(3)  The following table sets out approved benefits:

{| class="wikitable"
|+Table 10: Table of approved benefits
! style="text-align:left;vertical-align:top;" - |Item
! style="text-align:left;vertical-align:top;" - |Description of benefit
! style="text-align:left;vertical-align:top;" - |Conditions of benefit
|- style="vertical-align:top;"
|1
|Allowance payable to a member of a House of the Parliament not higher than a percentage of the allowance payable to senators and members of the House of Representatives under section&nbsp;48 of the Constitution of the Commonwealth determined by an appropriate remuneration authority
|The allowance must  be paid only in respect of a day the member is entitled (but for this  condition) to the allowance falling within 24&nbsp;months of the issuance of  the determination
|- style="vertical-align:top;"
|2
|Salary for an office holder who is a Minister or legislative director not higher than a percentage of the amount determined under item 1 by an appropriate remuneration authority
|The allowance may  be paid:

(a) only in respect of a day the member is entitled (but for this condition) to the allowance falling within 24&nbsp;months of the issuance of the determination  made under item&nbsp;1; and

(b) only  from amounts appropriated under a law made upon the recommendation made by a parliamentary body consisting of no fewer than 2&nbsp;legislative directors,  not being in receipt or connected entities of entities in receipt of benefits falling under this item
|- style="vertical-align:top;"
|3
|Presentation fees payable to the presenter of a judicial officer
|
|- style="vertical-align:top;"
|4
|Presentation fees payable to the presenter of a visitatorial place not higher than an amount determined by an appropriate remuneration authority
|
|- style="vertical-align:top;"
|5
|Benefit provided to a person holding an office of a jurisdictional division falling within another item in this table, where any reference in such item:

(a) to a  member of a House of the Parliament shall be a reference to a member of a deliberative component of the divisional legislature; and

(b) to an  officer of the Management in Right of Urabba&nbsp;Parks shall be a reference to an officer of the Management in Right of the jurisdictional division
|Where the other item provides the benefit is not higher than that determined by an  appropriate remuneration authority, the benefit is not higher than that determined by the authority
|- style="vertical-align:top;"
|6
|Allowance payable to a member of a campus government entity not higher than an amount determined by an appropriate remuneration authority
|The allowance must  be paid only in respect of a day the member is entitled (but for this condition) to the allowance falling within 4&nbsp;years of the issuance of  the determination
|- style="vertical-align:top;"
|7
|Amount payable under a contract approved under an Act enacted as a special provision
|When the Act was  given Enactorial Assent, [[Constitution of Urabba Parks/Section 91#s2|subsection&nbsp;91(2)]] applied to the Bill for the Act
|- style="vertical-align:top;"
|8
|Allowance payable to a member of a committee of management of an entity not representing the Management approved by a judicial body
|The allowance must  be paid only in respect of a day the member is entitled (but for this  condition) to the allowance falling within 2&nbsp;years of the issuance of  the approval
|- style="vertical-align:top;"
|9
|Amount payable under a contract with an entity not representing the Management approved by a judicial body
|
|}
= <span id="EM"></span>Relevant notes from the Explanatory Memorandum =
230. Subsection&nbsp;(1) provides a person with control or significant influence over Urabba&nbsp;Parks (other than a member of the foundation group of which Urabba&nbsp;Parks is member, to which the provisions of [[Constitution of Urabba Parks/Section 17#s3|subsection&nbsp;17(3)]] apply (see [[Constitution of Urabba Parks/Section 3#EM|note&nbsp;101]])) must return any supply benefit received from an entity within the legislative control group of which Urabba&nbsp;Parks is Head unless the benefit is an approved benefit or exempt benefit.  This is to ensure the not-for-profit nature of Urabba&nbsp;Parks by ensuring persons who hold control or significant influence are subject to the approved benefits regime.

231. Subsection&nbsp;(2) provides for the vacancy of the member of a governing body member (including a campus government entity or the committee of management of an association) if the member or connected entity is in receipt of supply benefits other than an approved benefit or exempt benefit, thus making those persons also subject to the approved benefits regime.

232. Subsection&nbsp;(3) contains the table of approved benefits, which sets out the various types of approved benefits such as:
:(A) allowances to members of Houses of the Parliament, the maximum amount set to a percentage of the allowance payable to members of the Houses of the Parliament of the Commonwealth set by an appropriate remuneration authority (item&nbsp;1);
:(B) salaries of Ministers and office holders who are also legislative directors (item&nbsp;2), set to a percentage of the maximum amount of the amount set under item&nbsp;1 by an appropriate remuneration authority;
:(C) presentation fees payable to presenters of judicial officers (item&nbsp;3);
:(D) presentation fees payable to the presenter of a visitatorial place (item&nbsp;4);
:(E) allowances and office holder salaries of members of legislatures or governmental officers of jurisdictional divisions (item&nbsp;5);
:(F) allowances of members of campus government entities set under law (item&nbsp;6);
:(G) contractual benefits approved by an Act enacted as a special provision, where the Act was given Enactorial Assent, subsection&nbsp;91(2) applied to the Bill for the Act (item&nbsp;7) – see [[Constitution of Urabba Parks/Section 91#EM|note&nbsp;234]] for more information on Contractual Approval Bills passed under [[Constitution of Urabba Parks/Section 91|section&nbsp;91]];
:(H) allowances payable to members of committees of management (item&nbsp;8) – these must be approved by a judicial body;
:(I) contracts with entities not representing the Management approved by a judicial body (item&nbsp;9) – this is to allow members of campus government entities and committees of management of associations to receive supply benefits.

233. In the table, there are numerous references to the term ‘appropriate remuneration authority’ – see [[Constitution of Urabba Parks/Section 4#EM44-G|note&nbsp;44(G)]] for the definition of that term.




[[Category:Urabbaparcensian constitutional law| ]]