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)    A resolution of the members of Urabba Parks to alter any law or authorise any act falling in an entrenchment item is void and shall be of effect unless:

(a)    the resolution is made as a special resolution; and
(b)    prior to such resolution being made the resolution is approved in a referendum under section 129.

Interaction with legislative powers

(2)    Not less than 2 nor more than 6 months after the passage of a proposed law dealing with the alteration of an entrenched provision or the authorisation of an entrenched act through each House of the Parliament the proposed law shall be submitted to the electors as required under under section 129.

(3)    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 item by an absolute majority or higher majority required under the entrenchment item (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.

(4)    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.

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
Constitution Adoption 2021 No. 1, 2021 11 Jan 2021 1 Feb 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 entrenched provisions and the authorisation of entrenched acts (acts and laws falling in entrenchment items) must be approved by special resolution and approved in a referendum.  Under subsection 13(4), a special resolution may only be made with the consent of at least an absolute majority of each House of the Parliament

303. Under subsection (2) 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.

304. Subsection (3) 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 item by an absolute majority or a higher majority as required under the entrenchment item (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.

305. Under subsection (4), if the proposed law is approved under section 129, it shall be presented to the Manager‑General for the Enactor’s Assent.

See also

Notes

Judgments

Further reading

External links