Section 23 of the Constitution of Urabba Parks

From Urabba Parks
Jump to navigation Jump to search

Previous Section|Table of Provisions|Next Section

Section 23 of the Constitution of Urabba Parks provides for the default rules of proceeding of parliamentary bodies, including Houses of Parliament and committees. These rules can be overridden by other parts of this Constitution, Acts of Parliament, or rules made by the Houses and committees themselves.

Compiled text (Section 23 - Conduct of proceedings of parliamentary bodies)

Exercise of privileges and immunities

(1)    Unless otherwise provided under law a parliamentary body may provided it has at least one member who is a legislative director who is able sit as a member of the body, may exercise and enjoy its powers privileges and immunities despite any vacancy in any member or class thereof.

Quorum of parliamentary bodies

(2)    At a proceeding of a parliamentary body the presence of the sole member of the body or a proportion provided under law for the body, being no fewer than 2 members:

(a)    in the case of a question that requires a specific majority of members to pass as a resolution – the specific majority; or
(b)    in any other case - at least one third of the whole number of members, unless a quorum is provided under law;

shall be necessary for the body to proceed to business.

Decision making of parliamentary bodies

(3)    Unless otherwise provided under law, at a meeting of a parliamentary body:

(a)    questions arising in shall be determined by a majority of votes of the members present;
(b)    each member (including the chair) shall have one vote; and
(c)    when the votes are equal the question shall pass in the negative.

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

115. This section provides a default set of rules for the quorum and votes of parliamentary bodies.  Under subsection 4(1), a parliamentary body includes a body forming part of the legislature, such as a House of the Parliament (referred to as a deliberative component), or a committee of a House or a joint committee of the Houses.  Parliamentary proceedings fall in the broader category of ‘internal proceedings’ (see note 127 below).

116. Under subsection (1), a parliamentary body that consists of at least one member may exercise its privileges and immunities despite any vacancy.  This is to ensure that such a body (such as a committee of one) may exercise its powers despite any other implied rule to the contrary.

117. Under subsection (2), at least one third of members (with a minimum of two members) must be present at a parliamentary body, except in the case of a specific majority being required or a quorum provided under law.  However, if the body consists of one member, quorum shall be that member.  The purpose of this section is to allow for the flexibility in setting quorum for parliamentary bodies.

118. Under subsection (3), questions at a parliamentary body are decided by a simple majority of votes unless otherwise provided under law.  The chair gets a deliberative vote but does not get a casting vote unless otherwise provided under law.  This provision reflects the decision making procedure of the Senate, as provided in the corresponding section of the Australian Constitution.

See also

Notes

Judgments

Further reading

External links