Agreement of jurisdiction (Urabba Parks)
The agreement of jurisdiction enables the legal system of the Enactorate of Urabbaparcensia (formerly Urabba Parks Pty Ltd), and was established as a provision of the Urabbaparcensian Constitution that was adopted on the establishment of jurisdiction on 5 March 2021. A party to the agreement is required to attend the corporate judiciary when required to answer a charge of disciplinary offences (disciplinary jurisdiction), or to give evidence in proceedings (in both disciplinary and grievance proceedings). If a person does not answer to the judicial bodies when required, they may be suspended indefinitely from crossing the Urabbaparcensian border or taking part in meetings of the members.
The agreement
The agreement of jurisdiction is located in subsection 7(2) of the Urabbaparcensian Constitution.[Constitution 1]
| Item | Term |
|---|---|
| 1 | A party agrees to attend a judicial body of the judicial group of which Urabba Parks is a member when required for the purpose of answering any charge of an offence against the law of Urabba Parks, or any appeals from any judgment, order or sanction so given in respect of a proceeding. |
| 2 | A party agrees to submit to arbitration any matters arising under the law of Urabba Parks to the body having jurisdiction established under the law of Urabba Parks. |
| 3 | A party agrees to attend or provide evidence when required by a body, where each member of the body is the occupant of:
(a) an administrative place (category A); (b) a representative place (category B); (c) a judicial place (category J); (d) an inquisitorial place (category Q); or (e) a visitatorial place (category V). |
| 4 | A party agrees that proceedings mentioned above being held in public, and that votes and records of those proceedings may be published. |
| 5 | A party agrees to provide and consent to the retention of personal information necessary for the administration of the law of Urabba Parks, and for the sharing of information with other non-state jurisdictions, for the purpose of administering the rights and obligations of the person. |
| 6 | A party agrees to displace any law (to the extent that the law may be displaced with the agreement or consent of individual persons), that would limit the operation of this agreement, including but not limited to section 27E of the Commercial Arbitration Act 2011 of the Parliament of Victoria. |
Entry into agreement
The Urabbaparcensian Constitution has the effect of a contract between Urabba Parks Pty Ltd, its members, directors and secretaries. Other persons may chose to become subject to the agreement of jurisdiction but unless a person is a party to the Constitution by virtue of being a shareholder or officer, they cannot have any governance rights (such as the right to elect officers).
Under subsection 7(3) of the Constitution, the company enters into the agreement in respect of the enacting component of the legislature and each entity having succession (i.e. an 'internal legal entity' having status under the company's legal system).[Constitution 2]
Under section 8 of the Constitution, the resignation, cessation or resumption of membership by a person does not affect a person's obligations under the agreement of jurisdiction.[Constitution 3]
See also
References
The Constitution
Bibliography
- Racovolis, Daniel James; Urabba Parks Proprietary Limited, (commissioning body.) (2022), Introductory Speech and Explanatory Memorandum to the Urabba Parks Proprietary Limited Constitution Bill 2021, Racomedia, retrieved 18 September 2022