Section 3 of Schedule 2 of the Constitution of Urabba Parks

This article is part of the series
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 3 of Schedule 2 of the Constitution of Urabba Parks provides for the conditions of inclusion in an entrenchment item.

Compiled text (Section 3 - Conditions of inclusion in entrenchment items)

(1)    A provision of this Constitution only falls in an entrenchment item if the law falls in:

(a)    an item that does not fall under another item; or

(b)    if the item falls under another item – each item that the item falls in;

(2)    A law (other than a provision of this Constitution) or act only falls in an entrenchment item if the law or act:

(a)    falls in or under item 1; or

(b)    deals with matters that under this Part may fall in an entrenchment item other than an item that is item 1, or falls under that item (called in this Part entrenchable matter).

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

358. Subsection (1) provides that a provision of this Constitution only falls in an entrenchment item if it falls in each item the item falls in; this provision is intended to ensure that items are only subject to laws that fall within the item.

359. Subsection (2) provides that laws (other than provisions of this Constitution) and acts only fall in an entrenchment item if the law or act falls in item 1 or is ‘entrenchable matter’ – which are matters that under this Part may fall in an entrenchment item other than an item that is item 1.  This provision limits the ability to have Acts of Parliament entrenched unless they deal with rights important to the rights of members, whether it be in the governance process or rights to charity distributions..