Section 39 of the Constitution of Urabba Parks
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|Constitution of Urabba Parks|
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|Commonwealth of Australia Constitution Act|
Section 39 of the Constitution of Urabba Parks provides for the minimum number of members of the House of Ordinaries to be present at a sitting in order to conduct its business.
Compiled text (Section 39 - Quorum)
(1) Subject to this section and until the Parliament otherwise provides, the presence of at least an absolute majority of the whole number of the members of the House of Ordinaries shall be necessary to constitute a meeting of the House for the exercise of its powers.
(2) The House of Ordinaries shall only proceed to business if at least a majority of the members present are not Ministers.
(3) A Minister shall not take the chair at a sitting of the House of Ordinaries or a committee of the House.
(4) Subsections (2) and (3) do not apply if:
- (a) there are fewer than three legislative directors; and
- (b) each member of the House of Ordinaries is a Minister serving on an honorary basis.
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
140. This section provides the quorum of the House of Ordinaries and its committees is an absolute majority of the members. This section displaces the default rules in subsection 23(2), where only one-third of the members usually constitute a quorum, however there remains a legislative power to alter the proportion required.
141. In addition, this section also provides a majority of members present must not be Ministers (save for a few exceptions similar to those found in subsection 35(5)). 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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