Constitution of Urabba Parks/Section 97

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Chapter 4 >>Part 2 >>Division 1 >>Subdivision B >>Section 97

Audit[edit | edit source]

Appointment of company auditors[edit | edit source]

(1)  The appointment of the auditors of Urabba Parks shall be vested in the Manager‑General in Council.

(2)  An auditor may only be removed by the Manager‑General in Council, on an address agreed to by each House of the Parliament in the same session, praying for such removal on the grounds of proved misbehaviour or incapacity, provided a resolution praying for the removal from office, provided a resolution praying for the removal from office or cessation of the presentation is void if the Visitatorial Commission has not concluded that facts exist that could amount to proved misbehaviour or incapacity such as to warrant the removal of that judicial officer from office, unless there are no Commissioners of the Visitatorial Commission who may act in relation to the matter of the proposed removal.

Fees of auditors[edit | edit source]

(3)  There shall be payable to the Enactor out of the Consolidated Revenue Fund of Urabba Parks, for the fees of the company auditor, an annual sum which, until the Parliament otherwise provides, shall be $20.

(4)  The remuneration of the auditor shall not be diminished during the appointment without the consent of the auditor.

Relevant notes from the Explanatory Memorandum[edit | edit source]

244. Subsection (1) provides for the mechanism for the appointment of the company auditor by the Manager‑General in Council. Subsection (2) provides the auditor is not removable except by the Manager‑General in Council, on an address agreed to by each House of the Parliament in the same session, praying for such removal on the grounds of proved misbehaviour or incapacity, provided a resolution praying for the removal from office, provided a resolution praying for the removal from office or cessation of the presentation is void if the Visitatorial Commission has not concluded that facts exist that could amount to proved misbehaviour or incapacity such as to warrant the removal of that judicial officer from office, unless there are no Commissioners of the Visitatorial Commission who may act in relation to the matter of the proposed removal. These provisions clarify that Government is responsible for the appointment of the auditor, but also protects the independence of the auditor by placing requirements on their removal.

245. Subsection (3) provides the Parliament may set the remuneration of the company auditor and provides for a default nominal remuneration of $20. Subsection (4) restricts the power of the Parliament to reduce the auditor’s fees during the appointment (except with the consent of the auditor). This provision further ensures the independence of the auditor by clarifying the Parliament’s position in regards to the setting of the auditor’s remuneration.