Section 25 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 25 of the Constitution of Urabba Parks provides each membership of the House of Ordinaries consists of one place, effectively prohibiting the appointment of alternate members. It also provides that persons who are members of the House before its dissolution or expiry are still taken to hold their parliamentary membership until the return of writs of the general election, unless elected. This allows persons who were members to continue as directors whilst the House is technically not constituted.

Compiled text (Section 25 - Provisions as to appointment of members)

(1)    Each parliamentary membership of the House of Ordinaries consists of one place and each member shall hold a place falling in item 1.4.x of the table in subsection 20(3).

Note:          Item 1.4.x specifies the place is ordinarily electable by ordinary members.

Position of members whilst House is dissolved or expired

(2)    A person who is a member immediately before a dissolution or determination of the House:

(a)    remains entitled to occupy the parliamentary membership after the dissolution or determination; and

(b)    ceases to be so entitled:

(i)    if the person ceases to be a legislative director (other than by virtue of ceasing to hold a representative place);

(ii)    at the start of the last day votes may be cast at the general election following the dissolution or lawful determination (the general election), unless the person is a candidate in the general election;

(iii)    when writs for the election of members are returned to the Manager‑General at the general election, unless the person is chosen as a member in the general election.

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

120. This section intends to clarify:

(A) that members of the House of Ordinaries are elected by ordinary members of Urabba Parks and may not act through an alternate director; and

(B)  the position of members upon dissolution or lawful determination (expiry) of the House – members remain legislative directors until the following general election.