Constitution of Urabba Parks/Section 98: Difference between revisions
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[[Constitution of Urabba Parks/Section 97|Previous]]|[[Constitution of Urabba Parks| | [[Constitution of Urabba Parks/Contents|Table]]|[[Constitution of Urabba Parks/Notes|Notes]]|[[Constitution of Urabba Parks/Section 97|Previous]]|[[Constitution of Urabba Parks/Section 99|Next]]|[[Constitution of Urabba Parks/Download|Download]]<br>{{Navbar|L=Constitution of Urabba Parks|Ch=4|Pt=2|Div=1|Sdiv=B|S=98}} | ||
= Approval of annual information statements = | = Approval of annual information statements = | ||
(1) Until the Parliament otherwise provides, the Manager‑General in Council may adopt a statement under subsection 60 | <span id="s1"></span>(1) Until the Parliament otherwise provides, the Manager‑General in Council may adopt a statement under subsection 60-5(1) of the ''Australian Charities and Not-for-profits Commission Act 2012'' of the Parliament of the Commonwealth (an '''''annual information statement'''''). | ||
(2) A law or instrument adopting an annual information statement shall be void and of no effect unless prior to Enactorial Assent being given, or the instrument being made, the Court of Directors has authorised the responsible entities’ declaration under subsection 60.15(1) of the ''Australian Charities and Not-for-profits Commission Regulation 2013.'' | <span id="s2"></span>(2) A law or instrument adopting an annual information statement shall be void and of no effect unless prior to Enactorial Assent being given, or the instrument being made, the Court of Directors has authorised the responsible entities’ declaration under subsection 60.15(1) of the ''Australian Charities and Not-for-profits Commission Regulation 2013.'' | ||
<span id="s3"></span>(3) Subsection (2) only applies to an annual information statement if: | |||
:<span id="par3a"></span>(a) there is a requirement to make a responsible entities’ declaration in relation to the statement; and | |||
:<span id="par3b"></span>(b) there is at least one Director of the Court when it is adopted. | |||
= <span id="EM"></span>Relevant note from the Explanatory Memorandum = | |||
246. This section provides that laws and instruments adopting annual information statements required under subsection 60-5(1) of the ''Australian Charities and Not-for-profits Commission Act 2012'' are void and of no effect unless the Court of Directors certifies the responsible entities’ declaration contained therein. The intention of this section is to allow the judicial directors to effectively discharge their duties as responsible persons and approve the annual information statement before it is adopted by the Parliament or the Manager‑General in Council. | |||
[[Category:Constitution of Urabba Parks| ]] | [[Category:Constitution of Urabba Parks| ]] | ||
[[Category:Urabbaparcensian constitutional law| ]] | [[Category:Urabbaparcensian constitutional law| ]] | ||
Latest revision as of 10:52, 6 September 2023
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Chapter 4 >>Part 2 >>Division 1 >>Subdivision B >>Section 98
Approval of annual information statements[edit | edit source]
(1) Until the Parliament otherwise provides, the Manager‑General in Council may adopt a statement under subsection 60-5(1) of the Australian Charities and Not-for-profits Commission Act 2012 of the Parliament of the Commonwealth (an annual information statement).
(2) A law or instrument adopting an annual information statement shall be void and of no effect unless prior to Enactorial Assent being given, or the instrument being made, the Court of Directors has authorised the responsible entities’ declaration under subsection 60.15(1) of the Australian Charities and Not-for-profits Commission Regulation 2013.
(3) Subsection (2) only applies to an annual information statement if:
- (a) there is a requirement to make a responsible entities’ declaration in relation to the statement; and
- (b) there is at least one Director of the Court when it is adopted.
Relevant note from the Explanatory Memorandum[edit | edit source]
246. This section provides that laws and instruments adopting annual information statements required under subsection 60-5(1) of the Australian Charities and Not-for-profits Commission Act 2012 are void and of no effect unless the Court of Directors certifies the responsible entities’ declaration contained therein. The intention of this section is to allow the judicial directors to effectively discharge their duties as responsible persons and approve the annual information statement before it is adopted by the Parliament or the Manager‑General in Council.