Section 128 of the Constitution of Urabba Parks

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Section 128 of the Constitution of Urabba Parks sets out the method for the alteration of this Constitution or an entrenched provision, or the approval of an entrenched act.

Compiled text (Section 128 - Mode of altering this Constitution)

(1)    Unless agreed to by all the members of Urabba Parks:

(a)    this Constitution, or any law or instrument (or part thereof) falling in an entrenchment may not be altered; and
(b)    Urabba Parks may not authorise or do anything falling in an entrenchment.

(2)    Subsection (1) does not apply if:

(a)    the alteration or authorisation is made by special resolution of the enacting component of the legislature; and
(b)    in the case of the alteration or authorisation of entrenched matter – the alteration or authorisation is approved in a referendum under section 129

Interaction with legislative powers

(3)    The proposed law for the alteration of this Constitution or the authorisation or alteration of entrenched matter must be passed by an absolute majority of each House of the Parliament, unless higher majority required by an entrenchment in which case it shall be that majority, and less than 2 nor more than 6 months after its passage through each House the proposed law shall be submitted to the electors as required under section 129.

(4)    If a House of the Parliament (the originating House) passes a proposed law to alter any law or authorise any act falling in an entrenchment by an absolute majority or higher majority required under the entrenchment (the required majority), and another House of the Parliament (the other House) rejects or fails to pass it, or passes it with any amendment to which the originating House will not agree, and if after an interval of 3 months the originating House in the same or the next session again passes the proposed law by the required majority with or without any amendment which has been made or agreed to by the other House, and the other House rejects or fails to pass it or passes it with any amendment to which the originating House will not agree, the proposed law as last proposed by the originating House, and either with or without any amendments subsequently agreed to by each House is a proposed law to which this subsection applies and may be presented to the Manager‑General for submission to the electors under section 129.

(5)    If the members of Urabba Parks approve the proposed law under section 129, it shall be presented to the Manager‑General for the Enactor’s Assent.

(6)    In the case of the alteration of the governing document or other law of a jurisdictional division, or the authorisation of entrenched matter of a jurisdictional division:

(a)    a reference to the Parliament shall be a reference to the legislature of a jurisdictional division;
(b)    a reference to a House of the Parliament shall be a reference to a deliberative component of the legislature of a jurisdictional division; and
(c)    a reference to the Manager‑General shall be a reference to the Manager of the jurisdictional division.

Enactment information

Status

Proposed

Commencement

Law not made

Entrenchments

Endnotes

Please see information about the endnotes and the abbreviation key

Legislation history
Statute or Instrument Number and year Assent Commencement Application, saving and transitional provisions
Urabba Parks Proprietary Limited Constitution Statute 2021 No. 1, 2021 5 Mar 2021 5 Mar 2021 (gaz 2021,p. 1)
Amendment history
Provision affected How affected

Relevant notes from the explanatory memorandum

302. This section, based on the corresponding section of the Australian Constitution, provides that the alteration of this Constitution and the authorisation of entrenched acts (being the making of acts and laws falling in or dealing with matters falling in an entrenchment) must be approved by special resolution and approved in a referendum. Although under subsection (1) the approval of all members of Urabba Parks is required for an alteration of this Constitution or the approval of anything falling in an entrenchment, subsection (2) provides the preceding subsection does not apply if the alteration or authorisation is made by special resolution of the Parliament, and the alteration or authorisation is approved in a referendum under section 129.

303. Under subsection (3) the proposed law is submitted to electors in a referendum under section 129 not less than two nor more than six months after the passage of through the Parliament not less than two nor more than six months after the passage of through the Parliament by at least an absolute majority of each House, or higher majority required by an entrenchment.

304. Subsection (4) provides for a procedure that may be followed in respect of a disagreement between the Houses, where if one House (the originating House) passes a proposed amendment of Urabba Parks to alter any law or authorise any act falling in an entrenchment by an absolute majority or a higher majority as required under the entrenchment (the required majority) and the Bill is rejected by another House, and the originating House after an interval of three months passes the Bill again by the required majority, the Bill may be submitted to the electors Manager‑General for submission to a referendum under section 129. Under subsection (5), if the proposed law is approved under section 129, it shall be presented to the Manager‑General for the Enactor’s Assent.

305. Subsection&nbsp(6) extends these rules to the legislatures of jurisdictional divisions.

See also

Notes

Judgments

Further reading

External links