Section 13 of the Constitution of Urabba Parks

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Section 13 of the Constitution of Urabba Parks

Compiled text (Section 13 - Resolutions of the members of Urabba Parks)

Power to resolve as the members of Urabba Parks

(1)    Each resolution of the members of Urabba Parks must be must be agreed to by all of the members of Urabba Parks eligible to vote in internal proceedings, unless the question is put to the enacting component under subsection (3).

(2)    Subsection (1) does not apply to the following:

(a)    an election of a person to any representative place (category B);
(b)    a removal of the holder of a place where members constitute the relevant members in respect of the place;
(c)    a referendum;
(d)    a procedural resolution of a proceeding falling in paragraphs (a) to (d);
(e)    a resolution of the members of a body constituted under the law of Urabba Parks.

(3)    The directors may put a proposed resolution of the members of Urabba Parks to the enacting component of the legislature, in which case the enacting component has the sole vote on the proposed resolution.

Special resolutions

(4)    Subsection (3) only applied if the special resolution:

(a)    is made on the advice and consent (whether by way of a proposed law or upon address) of:
(i)    an absolute majority of the members of each deliberative component of the legislature (or higher majority as required under law) vote in favour; or
(ii)    an absolute majority of the members of at least one deliberative component vote in favour and the proposed law may be presented for the assent of the enacting component under an special provision; or
(iii)    the enacting component if the legislature is constituted by the enacting component alone; or
(b)    provided under a special provision.

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

89. This section is intended to ensure that anything that is required to be approved by the members of Urabba Parks may be done by the Parliament, or (in some cases) the Manager General in Council, subject to approval by the members in the case of amendment to entrenched provisions or the authorisation of entrenched acts.

90. Subsection (1) provides that resolutions of the members of Urabba Parks must be made by all members, unless the resolution is made by the Enactor under subsection (3).

91. Subsection (2) excludes the operation of the previous subsection from elections, removals of officers, referenda and resolutions of bodies formed under internal law (such as general meetings of associations). This subsection is also intended to clarify the nature of resolutions other than for the exercise of the powers of Urabba Parks. Such resolutions are not taken to be resolutions of the members of Urabba Parks as a whole but of constituent parts of it; they do not have or take any effect other than that given under the resolution of the members of the members of Urabba Parks as a whole.

92. Subsection (3) allows the Enactor to make a resolution of the members of Urabba Parks as a whole when the resolution is put (proposed) by the directors. This subsection limits the power of the Enactor to act otherwise than on the advice of the directors in a legislative or executive capacity, thereby enshrining the principle of separation of powers.

93. Subsection (4) sets out the requirements for a resolution made under subsection (3) to be a special resolution. This subsection is intended to ensure that special resolutions (which usually involve the amendment of the Constitution or a repurchase of membership) are done on the agreement of an absolute majority of each House of the Parliament, or under a law made with such agreement.

See also

Notes

Judgments

Further reading

External links