Constitution of Urabba Parks/Section 98

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Approval of annual information statements

(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 notes from the Explanatory Memorandum

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.