Section 13 of the Constitution of Urabba Parks

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Section 13 of the Constitution of Urabba Parks provides for the conditions for making resolutions of its members.

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 resolution of the members of a body constituted under the law of Urabba Parks;

(e)    a procedural resolution of a proceeding falling in paragraphs (a) to (d).

(3)    The directors may put a proposed resolution of the members of Urabba Parks to the enacting component of the legislature, being represented by the occupier of an administrative place (category A), in which case the enacting component has the sole vote on the proposed resolution.

Special resolutions

(4)    Subsection (3) only applies 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)    is provided under a special provision; or

(c)    is an editorial change.

Editorial changes

(5)    The enacting component of the legislature, being represented by the holder of an administrative place (category A) or secretary place (category S) appointed under law may propose and make a resolution (including a special resolution) involving only an editorial change to a law, in which case the enacting component has the sole vote on the proposed resolution.

Enactment information

Status

Proposed

Commencement

Law not made

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). 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.

91. 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.

92. 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.

93. Subsection (5) provides that the Enactor (represented by way of an administrative place (category A) or secretary place (category S) may make an editorial change by way of a resolution of the members, and the Enactor’s representative has the sole vote on the proposed resolution. This is to allow editorial changes to be made efficiently and without needlessly passing these changes through the normal legislative process.