Section 57 of the Constitution of Urabba Parks

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Section 57 of the Constitution of Urabba Parks provides that certain Bills initiated by the House of Ordinaries may be presented for Enactorial Assent even though it does not pass another House of Parliament.

Compiled text (Section 57 - Disagreements over certain Bills)

(1)    In this subsection, a Relevant Bill includes a proposed law dealing with the following:

(a)    an appropriation for the for the ordinary annual services of the Government;
(b)    membership fees for ordinary members;
(c)    a charity distribution to ordinary members;
(d)    the authorisation of an original grant of general membership;
(e)    the authorisation of borrowing from an entity under section 95.

(2)    If a Relevant Bill is passed by the House of Ordinaries and within one month of its passing the House:

(a)    another House of the Parliament (the upper House) rejects or fails to pass it; or
(b)    the upper House returns to the House of Ordinaries with a message suggesting any amendment to which the House of Ordinaries does not agree;
then the Bill with any amendments suggested by the upper House and made by the House of Ordinaries, must be presented to the Manager‑General for Mister Enactor‘s Assent notwithstanding that each House has not passed the Bill.

(3)    The words of enactment for a Relevant Bill that is to be presented to the Manager‑General for Mister Enactor’s Assent under subsection (2) are to be altered to "Mister Enactor and the House of Ordinaries under subsection 57(2) of the Constitution enact as follows:".

(4)    There is to be endorsed on the Relevant Bill when it is presented the Manager‑General for Mister Enactor’s Assent under subsection (2), the certificate of the Speaker signed by the Speaker that the Bill is a Bill to which that subsection applies and has been passed in accordance with that subsection.

(5)    The certificate of the Speaker under subsection (4) is conclusive evidence for all purposes and cannot be questioned in any body exercising corporate jurisdiction.

(6)    The change in words of enactment under subsection (3), or the endorsement under subsection (4) is not to be taken to be an amendment of the Relevant Bill.

Enactment information

Status

Proposed

Commencement

Law not made

Entrenchments

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

168. This section provides for the making of Relevant Bills, which are proposed laws that subsection (1) defines as dealing with Annual Appropriation, ordinary membership fees, charity distributions to ordinary members, original grants of ordinary membership, or the authorisation of borrowing from an entity under section 95.

169. Subsection (2) provides that where an upper House (a House of the Parliament other than the House of Ordinaries) refuses to pass a Relevant Bill introduced by the House of Ordinaries within one month of it passing the House to which this section applies the Bill may be presented for the Enactor’s Assent as if it had passed each House.

170. Subsection (3) alters the words of enactment to reflect the fact that the Enactor and the House of Ordinaries alone have made the Bill.  Subsection (4) provides the Speaker must endorse the Bill with a certificate that confirms the Bill is a Relevant Bill, and subsection (5) provides for the conclusive evidence of the certificate.  These provisions are to ensure there is no doubt cast over the parliamentary approval process by the judicature, consistent with the notion of the Parliament’s control over its own processes.  To further reduce any doubt over the operation of this section, subsection (6) provides that a Bill is not altered by the alteration of the words of enactment under subsection (3) or a certificate made by the Speaker under subsection (4).

171. This section is intended to allow House of Ordinaries, and by extension Government to continue to exercise its general mandate to advance the charitable purposes of Urabba Parks, whether by the raising or application of funds, despite a disagreement with members of another House.  It is based on section 65 of the Constitution Act 1975 of the Parliament of Victoria.

See also

Notes

Judgments

Further reading

External links