Section 19 of the Constitution of Urabba Parks

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Constitution of Urabba Parks
Chapters of the Constitution
1: The Parliament 2: The Executive 3: The Judicature 4: Finance and Accountability 5: The Community 6: New Jurisdictions 7: Miscellaneous 8: Alterations to the Constitution 9: Visitations Schedule 1: Oath, affirmation and declaration Schedule 2: Entrenchments
Text of the Constitution
Commonwealth of Australia Constitution Act

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Section 19 of the Constitution of Urabba Parks provides that the Parliament only consists of Houses (deliberative components) that are not vacant in the whole as defined in subsection 4(1).

Compiled text (Section 19 - Effect of vacancy of deliberative component)

(1)    If for as long as a body declared a deliberative component of the legislature is vacant in the whole (a vacant component), the legislature does not consist of the vacant component and a law is void to the extent that:

(a)    the law requires:

(i)    proposed law of any kind to originate in the vacant component; or

(ii)    any resolution to be made or any other privilege or immunity exercised by the vacant component; or

(b)    the law limits the power of any deliberative component not vacant in the whole:

(i)    to introduce or amend proposed law that may only be introduced or amended by the vacant component; or

(ii)    to make a resolution that may only be made by the vacant component.

(2)    If each deliberative component is vacant in the whole:

(a)    the legislature consists solely of the enacting component;

(b)    the enacting component acting on the advice of the directors may enact laws;

(c)    a reference to the enacting component acting on the advice of the body vested with giving advice in Government shall be a reference to the enacting component acting on the advice of the directors;

(d)    a law requiring any resolution to be made or any privilege or immunity to be exercised by a body or bodies declared as deliberative components of the legislature, or any part thereof, as a precondition for any action by or for the Executive Government of Urabba Parks or any entity or body shall be of no effect;

(e)    if by law or convention advice is to be tendered or put by directors being the body of advisors in Government, or by any director being a member of such body, shall be taken to be tendered if a director who may exercise the powers of the enacting component does such act.

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

105. Subsection (1) voids any requirement to have any Bill pass a House of the Parliament, or limits the introduction of a particular proposed law to a particular House, if it is vacant in the whole or for such a House to exercise any other power (such as a resolution praying for the removal of an office holder).  Subsection (2) allows the Enactor to enact laws alone if each House of the Parliament if it is vacant in the whole.

106. Subsection 4(1) defines a ‘vacancy in the whole’ as there being no places having membership of the House capable of being filled, or all those places remain vacant after an election or a 30 day period of a person becoming eligible to become a member by succession or presentation to a place.

107. This purpose of this section is to allow the Parliament to operate despite the vacancy of the whole in a House.  This situation is likely to prevail until the finalisation of the Parliament structure and recruitment of members.