Section 21 of the Constitution of Urabba Parks
|This article is part of the series|
|Constitution of Urabba Parks|
|Chapters of the Constitution|
|Text of the Constitution|
|Commonwealth of Australia Constitution Act|
Section 21 of the Constitution of Urabba Parks provides for the appointment and term of office of legislative directors, who hold office as directors for as long as they are members of a House of Parliament. There is also provision for parliamentary memberships made up of several places (as could be the case in an ex officio membership, where deputies representing the senior place holder may be appointed), providing for the most senior office holder to assume membership of a House and be appointed a director in respect of the membership in place of another director appointed in respect of the membership.
Compiled text (Section 21 - Appointment of legislative directors)
Appointment of legislative directors
(1) Urabba Parks appoints a person as a director under this subsection when the person is enrolled as the holder of a parliamentary membership, and such a director is a legislative director.
(2) Subsection (1) only applies if:
- (a) the person occupies a director place (category D) falling in the table in subsection 20(3) that is not a household place (category H) and has consent to be appointed a director in respect of the place; and
- (b) no other person ranking ahead of the person in succession to the parliamentary membership is appointed a legislative director in respect of the membership.
- Note: Persons rank in succession to a principal place by the number substituted for the placeholder character ‘y’.
(3) The person who is responsible for enrolment of persons as legislative directors (or if no such person is provided – the Manager-General) shall enrol persons upon return of the writs of an election, or by application of the holder of a place falling within a parliamentary membership.
Vacancy of legislative directors
(4) The place of a legislative director becomes vacant if:
- (a) the director ceases to occupy a director place falling in the table in subsection 20(3); or
- (b) another person ranking ahead of the person in succession to the parliamentary membership is appointed a legislative director in respect of the membership.
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
111. This section provides that a person who has consented to appointment as a director is appointed a legislative director in respect of a director place in registration table 1 in subsection 20(3), being a place falling in either:
- (A) item 1.2.b.x.y (a parliamentary membership); or
- (B) item 1.2.b.0.y (the place of an officer of a House, which is a director place for officers who ceased to be a member of the House; this is intended to allow for the continued holding of office of a presiding officer who ceases to be a member as a legislative director, until the House appoints a new presiding officer);
112. The appointment takes effect when the person is enrolled as the holder of a parliamentary membership. In the case of a parliamentary membership where alternates are capable of being appointed, a person is only appointed a legislative director if a director not ranking ahead in the succession to the membership (determined by the number in the placeholder character ‘y’) is not a legislative director in respect of the membership. This clarifies the situation where there are two or more persons holding a place falling in a parliamentary membership.
113. This section also provides for the vacancy of legislative directors upon cessation of holding a director place in registration table 1 or if a person higher in the succession is appointed a legislative director in respect of the parliamentary membership.
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