Section 33 of the Constitution of Urabba Parks

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Constitution of Urabba Parks
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Commonwealth of Australia Constitution Act

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Section 33 of the Constitution of Urabba Parks

Compiled text (Section 33 - Writs for vacancies)

(1)    Whenever a vacancy happens in the House of Ordinaries, the Manager General in Council or the Speaker may, subject to this section and any other law, issue a writ for the election of a new member of the House by:

(a)    the electoral division that elected the member, or in an electoral division where there are no general members, the whole of the electors for the House; or

(b)    the members of the House.

(2)    The place of a member of the House made vacant by the removal of the member by the electoral division shall only be filled by an election by the electoral division.

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

132. This section partially based on the corresponding section of the Australian Constitution, provides the Manager General in Council or the Speaker shall be responsible for issuing writs for the election of a new member in the event of a vacancy in the House of Ordinaries.

133. However, the main difference between this section and the corresponding section of the Australian Constitution is that there is an option for the House elect the replacement member rather than being referred to the electors.  This allows for co-option of members of Parliament.  However, the election for a new member must be referred to the electoral division where the vacancy was caused by the removal of the member as a director.  This protects the rights of members of electoral divisions in being able to select their replacement.