Section 20 of the Constitution of Urabba Parks

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Section 20 of the Constitution of Urabba Parks provides for places in the Parliament, and that representative places (category B) having membership of a House of Parliament, must be removable by a resolution of the relevant members in respect of the place. This ensures that the Parliament represents, and is accountable to, the members of Urabba Parks.

Compiled text (Section 20 - Parliamentary places)

(1) No place is a representative place (category B) unless under law:

(a) there are relevant members in respect of the place; and
(b) the place:
(i) is removable by resolution of the relevant members; or
(ii) becomes vacant upon removal of a director appointed in respect of the place by the relevant members.

(2) A representative place is ordinarily electable by members despite the fact that casual vacancies, other than those caused by removal by the relevant members, may be filled by the resolution of a body other than those members, including but not limited to the parliamentary body to which the occupier of the place is appointed or the legislature of a jurisdictional division.

(3) This table sets out registration items:

Registration table 1—Parliamentary places
Item Description of place Relevant members Category
1 The Parliament of Urabba Parks
1.0.0.x Member of the Enactorial Household A*, H, D*, S*

A place only falls in an asterisked category if Mister Enactor declares the place as falling within the category

1.0.0.1 The Enactor’s Most Excellent Management A, D, S
1.0.h.x Place associated with:
(a) the visitation of an entity having foundation in Urabba Parks;
(b) the chairman of an entity having foundation in Urabba Parks;
(c) the representation of the Enactor in or the administration of the management of an entity having foundation in Urabba Parks; or
(d) officers of the Executive Government of an entity having foundation in Urabba Parks having responsibility over Urabba Parks;
A*, D*, S*

A place only falls in an asterisked category if declared as such under law

1.1.0.0.y The Visitor, being Mister Enactor unless:
(a) a Commissioner of the Visitatorial Commission; or
(b) a person falling in a previous item;

is appointed as the Visitor at the Enactor’s pleasure, or Deputy being a person falling in paragraphs (a) or (b) appointed at the Enactor’s pleasure

1.1.0.y The Chairman being Mister Enactor unless a person is appointed at the Enactor’s pleasure or the Deputy Chairman appointed at the Enactor’s pleasure A
1.1.1.1 The Manager‑General A, E
1.1.1.2 Person administrating the Government, being the occupier of a place falling under item 1.1.1.3.0.y
1.1.1.3.0.y Person who holds a commission to administer the Government in any particular circumstance (a dormant commission), being the occupier of an administrative place
1.1.1.3.x Deputy of the Manager‑General appointed under section 126, being the occupier of an administrative place
1.1.2.0.1 The Honorary Treasurer of Urabba Parks, being a director appointed at the Manager‑General’s pleasure
1.1.2.x Warden of Mister Enactor’s Treasury, being a director appointed at the Manager‑General’s pleasure
1.1.3.t.a The Chief Judicial Officer or Deputy, being a member directly appointed to a judicial body
1.1.4.0.y The Dean of the Representative Corps or Deputy
1.1.4.a Representative of the Government of a public non-state jurisdiction appointed according to the order of presentation of the representative’s letters of Credence or Commission, or, in the case of Representatives who do not present letters of Commission, according to the order in which notification is made of assumption of duties in Urabba Parks X
1.2.b.0.y Officer of a parliamentary body being:
(a) an officer of a parliamentary body, being appointed by and from the members of the body; or
(b) a person who is taken to hold an office falling in paragraph (a), despite resignation from the office or having ceased to be a member of the body, where the body has not since met or a new occupier of the place has not otherwise been appointed;
D*, P

A place only falls in an asterisked category if the place falls within paragraph (b) of the description

1.2.b.a.y Member or alternate member of a parliamentary body, being:
(a) the holder or alternate holder of a membership of a House of the Parliament (a parliamentary membership); or
(b) in the case of a House of the Parliament – the occupier of a representative place (category b) falling in this table
The relevant member for the place falling in category B D
1.3 The parliamentary service
1.3.0.y The Clerk of the Parliaments or Deputy
1.3.e.0 Department of the Parliament
1.3.e.v.0.y Team leader of a Department of the Parliament, who holds a place falling in item 1.3.e.v.g.x in respect of the team
1.3.e.1.0.y Head of a Department of the Parliament or deputy, who holds a place falling in item 1.3.e.v.0.y in respect of the team S
1.3.e.v.g.x Personnel of a Department of the Parliament E, P
1.4.0.0.1 Representative ordinarily elected by ordinary members holding ordinary membership not granted by a jurisdictional division and not allocated to an electoral division The ordinary membership in the jurisdictional division by which the place is elected
1.4.0.x Representative ordinarily elected by ordinary members holding ordinary membership not granted by a jurisdictional division allocated to an electoral division The ordinary membership in the electoral division by which the place is elected B*

A place only falls in an asterisked category if there are no members of the House falling in item 1.4.0.0.1

1.4.d.0.1 Representative ordinarily elected by ordinary members holding ordinary membership granted by a jurisdictional division and not allocated to an electoral division Ordinary members B
1.4.d.x Representative ordinarily elected by ordinary members holding ordinary membership granted by a jurisdictional division and not allocated to an electoral division Ordinary members in the electoral division by which the place is elected B*

A place only falls in an asterisked category if there are no members of the House falling in item 1.4.d.0.1 in respect of the jurisdictional division

1.5.1.x Person officially charged with spiritual functions by a religious institution who holds or has held on its behalf visitational membership The visitational member B
1.6.0.0 Great Council of Partners
1.6.0.0.0.y President of the Great Council of Partners or Deputy The relevant members for each partner B
1.6.0.0.x Member of the Great Council of Partners, with each member voting in proportion to the grade of the member’s partnership
1.6.0.b Council for the representation of partners The members eligible to succeed to the partnership
1.6.0.b.0.y Representative partner The relevant members for each member of the council B
1.6.0.b.y Member of a council for the representation of partners, not being a member of another body falling in item 1.6.0.b in the same partnership, with each member voting in proportion to the grade of the member’s partnership The members eligible to succeed to the partnership
1.6.w.y Partner or retainer The members eligible to succeed to the partnership B
1.6.w.N Successor to a partnership The members eligible to succeed to the partnership
1.7.w.y Fellow The presenter to the place B
1.7.w.P Presenter to a fellowship
1.8.0.x.y Stakeholder representative or deputy appointed by and from:
(a) the council of consultative bodies of the Parliament; or
(b) a consultative body of the Parliament
The relevant members of each member of the body
1.8.k.y Stakeholder representative or deputy ordinarily elected by a stakeholder constituency The members of the stakeholder constituency, being members of Urabba Parks, or in the case of a stakeholder constituency comprised of persons appointed upon presentation, the presenters of the members of the stakeholder constituency B
1.9.0 Council of Consultative Bodies of the Parliament
1.9.0.0.y President of the Council of Consultative Bodies of the Parliament
1.9.0.b.y Member of the Council of Consultative Bodies of the Parliament, being appointed by and from each consultative body The relevant members of each member of the consultative body
1.9.b Consultative body of the Parliament
1.9.b.0.y Senior member of a consultative body of the Parliament
1.9.b.x.y Member of a consultative body of the Parliament, being the occupier of a place falling in item 1.8.k.y The relevant members of the place falling in item 1.8.k.y

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

108. Subsection (1) provides a representative place (category B) must be removable by the relevant members of the holder of the place.

109. Under subsection (2), a representative place is ordinarily electable by members despite the fact that casual vacancies, other than those caused by removal by the relevant members, may be filled by the resolution of a body other than those members, including but not limited to the parliamentary body to which the occupier of the place is appointed or the legislature of a jurisdictional division.

110. Subsection (3) contains registration table 1 which sets out places associated with the Parliament of Urabba Parks (item 1), including:

(A) members of the Enactorial Household (item 1.0.0.x) – in addition to being household places (category H), this item provides the place of a member is also an administrative place (category A), a director place (category D) or a secretary place (category S) if defined in another item or if Mister Enactor declares the place as falling within these categories – this is to allow the Enactor to nominate Honorary Managers and Honorary Directors – as this Constitution does not define the term ‘Enactorial Household’ it is implied by this item the Household consists of the Enactor as its Head and those chosen by Mister Enactor, with the term ‘Household’ would imply there is some familial connection between its members;
(B) the Enactor’s Most Excellent Government (the Enactor) is listed as item 1.0.0.1 and is specifically listed as being in categories A, D, and S;
(C) places associated with entities having foundation in Urabba Parks (item 1.0.h.x) – these places are only administrative, director or secretary places if provided under law – in this case ‘law’ includes laws made by entities with legislative power over Urabba Parks providing for places for appointment as Honorary Managers and Honorary Directors;
(D) places held by Mister Enactor or appointed at the Enactor’s pleasure, including:
(i) the Visitor and Deputy Visitor (item 1.1.0.0.y) – a Commissioner of the Visitatorial Commission can be appointed the Visitor under this item;
(ii) the Chairman and Deputy Chairman (item 1.1.0.y) – this title is intended to be bestowed on a non-executive director (such as a presiding officer of a House of the Parliament, or in some cases, a judicial director) – this item is also an administrative place, allowing the Chairman and Deputy Chairman to act as administrators of the Government of Urabba Parks, in the vacancy of a paid Manager General;
the reason for these places being appointed by the Enactor is to enable the occupants of these places to rank ahead of the Manager General in the corporate order of precedence; while the Manager General is the Enactor’s representative in Urabba Parks; giving precedence to the Visitor and the Chairman over the Manager General emphasises the supremacy of the Parliament, as the persons charged with governance, over the Manager General and others charged with management.
(E) places associated with the administration of the Government, including:
(i) the Manager General (item 1.1.1.1), which is an administrative place, as well as an employee place (category E);
(ii) the person administrating the Government (item 1.1.1.2);
(iii) holders of ‘dormant commissions’ which are commissions to administer the Government in any particular circumstance (item 1.1.1.3.0.y);
(iv) deputies to the Manager General (item 1.1.1.3.x)
and of the places with numbers starting with ‘1.1.1’, only the place of the Manager General for the time being is not an administrative place; not having the other places as administrative places requires the occupant to hold another place which is an administrative place (such as a Manager of a jurisdictional division or a judicial officer);
(F) the Honorary Treasurer (item 1.1.2.0.1), a place which is expected to be held in commission by several Wardens of Mister Enactor’s Treasury (item 1.1.2.x) – these places are based on the ‘Lord High Treasurer’ and the ‘Lords Commissioners of the Treasury’ and is intended to the Managing Director and other senior Ministers to rank in the order of precedence immediately after the Manager General;
(G) the Chief Judicial Officer (item 1.1.3.t.a) – this is to allow the  most senior judicial officer to rank in the order of precedence immediately after the Wardens of Treasury;
(H) the Dean of the Representative Service (item 1.1.4.0.y) and representatives of other public non-state jurisdictions (item 1.1.4.a); the representatives rank in the order to which their presentation of Credence or notification and hold external relations places (category X);
(I) officers of a parliamentary body (item 1.2.b.0.y) – this is intended to include the presiding officer of a parliamentary body and deputies, and in the case of House of the Parliament, the parliamentary leaders of the management and other governance parties as well as whips – places falling in this item fall in categories D and P;
(J) parliamentary memberships, being memberships of the House of the Parliament, or memberships of a parliamentary committee (item 1.2.b.a.y) – in order to hold a parliamentary membership a person must be a holder of a representative place (category B);
(K) places in the parliamentary service (item 1.3), consisting of Departments of the Parliament (item 1.3.e.0) –the Clerk of the Parliaments (item 1.3.0.y), team leaders (item 1.3.e.v.0.y), the heads of Departments (item 1.3.e.1.0.y) and personnel of Departments (item 1.3.e.v.g.x);
(L) representatives elected by ordinary members, including:
(i) representatives elected by ordinary members holding ordinary membership not granted by a jurisdictional division and not allocated to an electoral division (item 1.4.0.0.1);
(ii) representatives ordinarily elected by ordinary members holding ordinary membership not granted by a jurisdictional division allocated to an electoral division (item 1.4.0.x) – but this place is only the category of representative places if there are no members of the House falling in item 1.4.0.0.1, meaning either all ordinary members are elect representatives at large or in the electoral division to which they are allocated;
(iii) representatives ordinarily elected by ordinary members holding ordinary membership granted by a jurisdictional division and not allocated to an electoral division (item 1.4.d.0.1);
(iv) representative ordinarily elected by ordinary members holding ordinary membership granted by a jurisdictional division and not allocated to an electoral division (item 1.4.d.x) – representatives for a jurisdictional division only fall within this item if they do not fall within item 1.4.d.0.1;
(M) persons officially charged with spiritual functions by a religious institution formed within the foundational group of a member who holds visitational membership (item 1.5.1.x);
(N) places related to partnerships and fellowships succeeded or presented to by ordinary members, including:
(i) the Great Council of Partners (item 1.6.0.0), including the President (item 1.6.0.0.0.y) (which is a representative place) and members (item 1.6.0.0.b.y) – all partners are members of the Great Council and vote according to the grade (the number of shares) in the class of membership eligible to succeed to the partnership;
(ii) councils for the representation of partners(item 1.6.0.b) including the representative partner (item 1.6.0.b.0.y) and members (item 1.6.0.b.x) – members may not be a member of two different councils in respect of the same partnership and vote according to the grade of the partnership;
(iii) partner or retainer (item 1.6.w.y), and successors to partnerships (item 1.6.w.N);
(iv) fellows (item 1.7.w.y), and presenters to fellowships (item 1.7.w.P);
(O) places related to representation and consultation with stakeholders, including:
(i) stakeholder representatives appointed by and from the council of consultative bodies of the Parliament or a consultative body of the Parliament (item 1.8.0.k.0.x.y);
(ii) stakeholder representatives ordinarily elected by a stakeholder constituency item 1.8.k.y) – the relevant members are members of the stakeholder constituency who are members of Urabba Parks, or in the case of a stakeholder constituency comprised of persons appointed upon presentation, the presenters of the members of the stakeholder constituency;
(iii) the Council of Consultative Bodies of the Parliament (item 1.9.0), including its President (item 1.9.0.0.y) and members (item 1.9.0.b.y);
(iv) consultative bodies of the Parliament (item 1.9.b), including its senior members (item 1.9.b.0.y) and members (item 1.9.b.x.y).

See also

Notes

Judgments

Further reading

External links