Constitution of Urabba Parks
| Urabba Parks Proprietary Limited Constitution | |
|---|---|
| File:Constitution of Urabba Parks.jpg | |
| Overview | |
| Original title | Urabba Parks Proprietary Limited Statute 2021 (Founder), s. 9 |
| Jurisdiction | Urabba Parks |
| Ratified | 3 May 2022 |
| Date effective | 3 May 2022 |
| System | Federal Government |
| Government structure | |
| Branches | |
| Chambers | |
| Executive | See Urabbaparcensian Government |
| Judiciary | See Judiciary of Urabba Parks |
| History | |
| Amendments | See Referendums in Urabba Parks |
| Last amended | See Establishment of jurisdiction (Urabba Parks) |
| Location | Melbourne |
| Author(s) | Danny Racovolis (featuring material from the Constitution of Australia originally written by the Constitutional Conventions of 1891 and 1897-98) |
| Signatories | Danny Racovolis |
| Supersedes | Constitution of 2012 |
The Constitution of Urabba Parks Proprietary Limited is a constitutional document that is supreme law in the Enactorate of Urabbaparcensia (formerly Urabba Parks Pty Ltd), a company incorporated under the Corporations Act 2001 of the Commonwealth of Australia and sometimes described as a micronation. It establishes the company as a federation under a constitutional monarchy and outlines the structure and powers of the Urabbaparcensian Government's four constituent parts, the executive, legislature, judiciary and an independent governance service. Urabbaparcensian constitutional law has developed from the interpretation of the constitution by the Court of Directors. As well as its textual provisions, the constitution is understood to incorporate various unwritten constitutional conventions and ideas derived from the Westminster system, one of which is responsible government. The Constitution may only be amended by referendum, through the procedure set out in section 128. Amendments require a special resolution of the members of Urabba Parks Pty Ltd.
Adoption
For the first 9 years of its existence, Urabba Parks Pty Ltd was governed by a "conventional" charitable company constitution, which was slightly modified to allow for its status as a share issuing entity. The current Constitution came into force upon the establishment of jurisdiction on 5 March 2021, when the Urabba Parks Proprietary Limited Constitution Statute 2021 was officially enacted. The Constitution provides that the overarching purpose of Urabba Parks Pty Ltd is to "to advance humanity and the environment together"[Constitution 1] through the development of charitable democracy, established the Urabbaparcensian legal system, and also codified the national character of Urabbaparcensia as being both "Hellenic" and "Landcare".[Constitution 2]
Structure
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Covering clauses are the provisions (other than the Constitution proper) of the Urabba Parks Proprietary Limited Constitution Statute 2021.
Chapter 1—The Parliament establishes the Urabbaparcensian legal system through providing for the agreement of jurisdiction, and also sets out restrictions the use of property and distribution of surplus assets upon winding up, to limit such use and distribution to charitable purposes and entities. Urabba Parks Pty Ltd is a registered charity under the Australian Charities and Not-for-profits Commission Act 2012 of the Parliament of the Commonwealth. Chapter 1 also establishes the Corporate Parliament to legislate for the internal management of the company.
Chapter 2—The Executive Government establishes the Executive Government to administers the internal law and is responsible to the legislature, operates agencies that provide services to entities, whether it is for compliance monitoring in relation to responsibilities of entities under Australian laws, or marketing, operational and administrative support.
Chapter 3—The judicature establishes the sets up the judicial branch. Corporate judicial power is vested in a Supreme Body of Judicature to be called the Court of Directors. The parliament is authorised to create corporate courts, and to vest the exercise of corporate judicial power within the courts of the jurisdictional divisions. Section 75 provides for the Court's jurisdiction and section 80 guarantees trial by jury for indictable offences against Urabba Parks.
Chapter 4—Finance and accountability establishes safeguards over the resources of Urabba Parks to ensure they are applied towards the furtherance of its charitable purposes, including further restrictions on the distribution on surplus funds on winding-up, a system of charity distributions to eligible charities chosen by members of Urabba Parks, an approved benefits regime and an independent governance service. The approved benefits regime allows for the payment of officers and related parties of Urabba Parks but with such remuneration not being higher than that determined by a body in the independent governance service. Headed by the Visitatorial Commission, the independent governance service conducts internal audits, elections for office holders, Commissions of Inquiry and determines remuneration.
Chapter 5—The community establishes the system of jurisdictional divisions (regions and territories), outlines the structure of campus government entities, and provides some basic rules around membership of the company including the types of membership and its condition of granting (whether by original allotment or transfer).
Chapter 6—New regions provides for procedures for the alteration of the territorial limits of jurisdictional divisions.
Chapter 7—Miscellaneous provides for some miscellaneous matters such as the Seat of Government.
Chapter 8—Alteration of the Constitution, including section 128, provides for a mechanism known as a referendum to alter this Constitution and authorise entrenched matters, such as winding up, change of name or the displacement of pre-emptive provisions relating to the allotment of new membership shares. Amendments of the Constitution and approval of entrenched matters require a special resolution of the members.
Chapter 9—Visitations establishes a system of review of the legislative performance of the Parliament in relation to its responsibilities as the principal governing body of a registered charity and under the Urabbaparcensian Bill of Rights contained in Part 2 of Chapter 9.
Schedule 1—Oath, affirmation and declaration sets out the oath, affirmation and declaration of responsibility.
Schedule 2—Entrenchments contains the table of entrenchments and conditions of inclusion of laws and other acts therein.
See also
References
The Constitution
Bibliography
- Urabba Parks Proprietary Limited, Advocate-General's Department, (commissioning body.); Urabbaparcensian Company Secretary (2021), The Constitution as in force on 5 March 2021 : together with resolution adopting the Constitution, proclamation declaring the establishment of jurisdiction, letters patent relating to the grant of Arms and Crest to Daniel James Racovolis, Gentleman, Constitution (Manager‑General) Letters Patent 2021 as in force on 5 March 2021, Racomedia, retrieved 11 October 2022CS1 maint: Multiple names: authors list (link)
- 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 17 September 2022