Section 42 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 42 of the Constitution of Urabba Parks provides a member of a House of the Parliament must take the oath, affirmation or declaration of responsibility in the form set forth in Schedule 1 before taking their seat (i.e. voting) in a parliamentary body.

Compiled text (Section 42 - Oath, affirmation or declaration of responsibility)

(1)    Each member of a House of the Parliament shall before taking the seat of a member make and subscribe before the Manager‑General, or some person authorised by the Manager‑General, the oath, affirmation or declaration of responsibility in the form set forth in Schedule 1 to this Constitution.

(2)    No alternate member of a House of the Parliament shall take the seat of a member until both the appointing director and the alternate member has made and subscribed before the Manager‑General, or some person authorised by the Manager‑General, the oath, affirmation or declaration of responsibility in the form set forth in Schedule 1 to this Constitution.

(3)    The oath, affirmation or declaration of responsibility is prima facie evidence that the member or alternate member has understood the obligations of a member under law, including the obligation to act in the best interests of Urabba Parks as a whole.

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

144. Subsection (1), based on the section 42 of the Australian Constitution, requires a member of a House of the Parliament must make and subscribe an oath, affirmation or declaration in the form set out in Schedule 1 (the declaration requirement).  It is expected that, because of evidence laws of state jurisdictions where parliamentary proceedings take place, that a declaration would be used in place of an oath or affirmation.  Subsection (2) applies the declaration requirement to alternate members.

145. Subsection  (3) provides for the purpose of the declaration requirement – as a reminder to the member to ‘the obligation to act in the best interests of Urabba Parks as a whole.’  The declaration requirement is significant to remind new members of Parliament about their responsibilities.  Even though the declaration is an acknowledgement of the Enactor, such acknowledgement is intended in substance to be an acknowledgement of the charitable objects and not-for-profit nature of Urabba Parks.  This is because a member cannot acknowledge the Enactor without acknowledging the purpose of parliamentary membership, which is to legislate for the furtherance of the charitable purposes of Urabba Parks.