Section 3 of Schedule 2 of the Constitution of Urabba Parks
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|Constitution of Urabba Parks|
|Chapters of the Constitution|
|Text of the Constitution|
|Commonwealth of Australia Constitution Act|
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).
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
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..
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