Editing Constitution of Urabba Parks/Section 130

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= Effectiveness of alterations to this Constitution =

== Effect of certain alterations of this Constitution ==
(1)  Any alteration of this Constitution, or the making, amendment or repeal of any law having effect under this Constitution:

:(a)  that has the effect of Urabba&nbsp;Parks ceasing to be a charity is void so as to affect the application of:

::(i)  any property acquired under any disposition or agreement previously made otherwise than for full consideration in money or money’s worth, or any property representing property so acquired;

::(ii)  any property representing income which has accrued before the alteration is made; or

::(iii)  the income from any such property;

:(b)  that has the effect of limiting indemnity payable in respect of an officer that is lawful (but for the alteration) shall not be taken to limit such indemnity in relation to acts and omissions before the alteration, except in relation to a person who has voluntarily agreed to such limitation.

== Limitations on requirements contained in entrenchments ==
(2)  A requirement contained in an entrenchment is only effective if the requirement:

:(a)  is that of approval by members of Urabba&nbsp;Parks; or

:(b)  can be negated by way of approval by the members.

== Approval by entity holding foundation in Urabba&nbsp;Parks ==
(3)  The member immediately holding foundation in Urabba&nbsp;Parks agrees that any approval given to an alteration of this Constitution or law having effect under this Constitution, or the approval of any act, that limits the powers of an entity having foundation shall be of no effect unless the entity has enacted for the alteration or approval, or given consent for enactment of the same. 



= Relevant notes from the Explanatory Memorandum =
312. This section&nbsp;entrenches the charitable and democratic nature of Urabba&nbsp;Parks by limiting the ability to make certain constitutional changes and the effect of those changes if actually made.  Subsection&nbsp;(1) provides for the limitation of the alteration to the Constitution:
:(A) resulting in Urabba&nbsp;Parks ceasing to be a charity does not permit the application of existing income or property to non-charitable objects – this provision is based on subsection&nbsp;197(2) of the ''Charities Act 2011'' of the Parliament of the United Kingdom; and
:(B) limiting indemnity provided to a person does not affect any indemnity in relation to acts and omissions before the alteration, except in relation to a person who has voluntarily agreed to such limitation.

313. Subsection&nbsp;(2) limits the application of requirements other than the approval of the members of Urabba&nbsp;Parks.  This is to assert the ownership of Urabba&nbsp;Parks by its members, by ensuring that those extra requirements (such as a higher than absolute majority in a House of Parliament or certificate of the Visitatorial Commission) cannot prevent the members of Urabba&nbsp;Parks from approving an alteration to this Constitution, entrenched provisions and entrenched acts.

314. Subsection&nbsp;(3) provides the member immediately holding foundation agrees that any approval given to an alteration of this Constitution or other law, or the approval of any act, that limits the powers of an entity having foundation shall be of no effect unless the entity has enacted for the alteration or approval, or given consent for enactment of the same.





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