Section 13 of the Constitution of Urabba Parks
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|Constitution of Urabba Parks|
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|Text of the Constitution|
|Commonwealth of Australia Constitution Act|
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) At a meeting of the members of Urabba Parks, no business may be conducted unless each member not disqualified or suspended from its proceedings is present.
(3) Subsections (1) and (2) does not apply to the following:
- (a) an election of a person to a place registered as a place of Urabba Parks under this Constitution;
- (b) a removal of the holder of a place falling in paragraph (a), where members constitute the relevant members in respect of the place;
- (c) a referendum held under the law of Urabba Parks;
- (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).
(4) 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.
(5) The enacting component of the legislature may propose and make a resolution (including a special resolution) involving only an editorial change to a law or instrument, in which case the enacting component has the sole vote on the proposed resolution.
Law not made
|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)|
|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. Subsection (1) provides that resolutions of the members of Urabba Parks must be made by all members not disqualified or suspended from its proceedings, unless the resolution is made by the Enactor under subsection (4).
90. Subsection (2) provide for the quorum of meetings of the member of Urabba Parks, and provides that each member not disqualified or suspended from proceedings must be present for the meeting to proceed.
91. Subsection (3) excludes the operation of subsection (1) 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 (4) 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 (5) provides that the Enactor 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.
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