Section 1 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 1 of the Constitution of Urabba Parks vests the legislative power of Urabba Parks in the Parliament, which is to be consist of the Enactor and the Tables of the Parliament created under the law of Urabba Parks including the Table of Ordinaries and any upper house that may be established.
Compiled text (Section 1 - Legislative power)
The legislative power of Urabba Parks shall be vested in a Corporate Parliament, which shall consist of the Enactor and the Tables of the Parliament created under law, and which is hereinafter called The Parliament, or The Parliament of Urabba Parks.
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
1. The legislative power of Urabba Parks shall be vested in a Corporate Parliament, which shall consist of the Enactor and the Tables of the Parliament, and which is hereinafter called The Parliament, or The Parliament of Urabba Parks. This section, based on the corresponding section of the Australian Constitution, vests legislative power in a Corporate Parliament, known as the Parliament of Urabba Parks, which shall consist of the Enactor and the Tables of the Parliament. Legislative power, in relation to an entity, consists of the making of laws regulating matters within the scope of the entity’s powers, and in the case of Urabba Parks, its affairs within the meaning of the Corporations Act 2001.
2. This section specifies the Parliament is a Corporate Parliament. The phrase ‘Corporate Parliament’ implies the legislative power is to be exercised in a parliamentary manner – for a law to be made, unless otherwise specifically provided – it must be approved by each component of the Parliament – being the components that deliberate on whether the proposed law ought to be passed (the deliberative components) and the enacting component (the component that enacts the law). It also implies that the components – especially the deliberative components – also have a number of functions that are related to, but distinct from, the power to pass proposed laws, such as the power to conduct enquiries in committee.
3. In the corresponding section of the Australian Constitution, the Federal Parliament consists of the Queen (being the enacting component who gives Royal Assent to laws), precedes the Houses of Parliament (the deliberative components that deliberate and passes proposed laws presented for Her Majesty’s Assent) Mentioning the Enactor in place of Her Majesty in this section is to imply Mister Enactor is the enacting component of the Parliament.
4. In mentioning the Tables of the Parliament generally rather than by name, this section enables the creation of Tables under law and reflects the provisions of section 19(1) which states the Parliament does not consist of a component that is ‘vacant in the whole.’
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