Section 129 of the Constitution of Urabba Parks

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Section 129 of the Constitution of Urabba Parks provides for the conduct of a referendum to alter this Constitution or an entrenched provision, or approve an entrenched act.

Compiled text (Section 129 - Conduct of referendum)

When approval is given

(1)    If any proposed resolution is to be put to a referendum under this section, the proposed resolution shall be approved if:

(a)    in the case of a resolution that under an Australian law must be given by a special resolution – three-quarters of the votes cast by the members in each group of members entitled to vote are in favour of the resolution; or
(b)    in any other case -  an absolute majority of the votes cast by the members in each group of members entitled to vote are in favour of the resolution;

except if an entrenchment item may specify a higher proportion of votes required for approval to be given, in which case it shall be that majority.

When approval is taken to be given

(2)    If any proposed resolution is to be put to a referendum under this section, the proposed resolution shall be taken to be approved if:

(a)    all of the members from who approval is required:
(i)    are members of the foundational control group of which Urabba Parks is a member; or
(ii)    are not eligible to vote under Subdivision A of Division 2 of Part 1.3;
(b)    the question of the referendum is put to a duly called meeting of the members eligible to vote on the referendum and the chair declares the motion carried and no poll is demanded;
(c)    all the members eligible to vote in the referendum make a petition to the enacting component praying for the proposed law to be made.

Exclusion from requirement to hold referendum in the case of an editorial change

(3)    A proposed resolution does not require approval by a referendum under this section to the extent the resolution relates to an editorial change to a law.

Rights to vote

(4)    A member of Urabba Parks who is eligible to vote under Subdivision A of Division 2 of Part 1.3 is eligible to vote in a referendum held under this section.

(5)    A person who is eligible to vote for a member of Urabba Parks under Subdivision A of Division 2 of Part 1.3 is eligible to vote for a member in a referendum held under this section.

Manner of holding referendum

(6)    Subject to this section, when a proposal is submitted to the electors the vote shall be taken in such manner as provided under law.

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

306. This section provides where a proposed resolution that is to be put to a referendum under this section is approved.

307. Under subsection (1), a resolution is approved if an absolute majority of the members in each group of members entitled to vote are in favour of the resolution, unless:

(A) in the case of a resolution that under an Australian law must be given by a special resolution – three-quarters of the votes cast by the members in each group are required; or
(B) a higher majority is specified in the entrenchment item.

308. Subsection (2) provides the proposed resolution is approved if there are no members eligible to vote, the members agree at a meeting or in writing by petition.  This is to ensure the technical requirement for a referendum is satisfied if the proposal is approved by any of those means.

309. Subsection (3) excludes the requirement to hold referenda in respect of an editorial change.  Subsection 4(1) defines an editorial change as a change to a law made for presentation that does not have any effect on the law.  This includes an editorial change as defined in section 15X of the Legislation Act 2003.

310. Subsection (4) provides that members who have the rights to vote under Subdivision A of Division 2 of Part 1.3 are eligible to vote in the referendum, and subsection (5) has similar effect in regards to those who vote on behalf of members.  These provisions are to ensure the rights of members to vote in a referendum cannot be arbitrarily limited by laws made by the Parliament.

311. Subsection (6) provides the referendum shall be held in a manner provided under law, giving the Parliament the power to regulate referenda in a manner consistent with this Chapter.

See also

Notes

Judgments

Further reading

External links