Section 35 of the Constitution of Urabba Parks
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|Constitution of Urabba Parks|
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|Text of the Constitution|
|Commonwealth of Australia Constitution Act|
Section 35 of the Constitution of Urabba Parks provides for the appointment and term of office for the Speaker of the House of Ordinaries, and provides the Speaker may not also be a Minister (save for exceptional circumstances).
Compiled text (Section 35 - Election of Speaker)
(1) The House of Ordinaries shall, before proceeding to the despatch of any other business, choose a member to be the Speaker of the House, and as often as the office of Speaker becomes vacant the House shall again choose a member to be the Speaker.
(2) The Speaker may be removed from office by a vote of the House.
(3) The Speaker ceases to hold office if the Speaker ceases to be a member of the House, or resigns the office by writing addressed to the Manager‑General.
Independence of the Speaker
(4) A Minister cannot be appointed or act as the Speaker.
(5) Subsection (4) does not apply if:
- (a) there are fewer than 3 legislative directors; and
- (b) each member of the House is a Minister serving on an honorary basis.
(6) The place of the Speaker becomes vacant if:
- (a) the Speaker is or becomes a Minister; and
- (b) subsection (4) applies or begins to apply.
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
135. This section is based on the corresponding section of the Australian Constitution allowing for the election of a Speaker of the House of Ordinaries, and for the removal and resignation of the Speaker.
136. However, this section provides the Speaker cannot be a Minister (except in the case of there being fewer than 3 legislative directors and each member of the House is a Minister serving on an honorary basis) and ceases to hold office upon this qualification not being met. This is to ensure the independence of the operation of the House from management, as to allow non-executive legislative directors to exercise effective scrutiny over the executive.
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