Section 69 of the Constitution of Urabba Parks
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|Constitution of Urabba Parks|
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|Commonwealth of Australia Constitution Act|
Section 69 of the Constitution of Urabba Parks provides that the Enactor (the enacting component of the legislature) may act as a judicial body in circumstances where no court is constituted and has jurisdiction over a matter. This section provides constitutional protection of the Supreme Body of Judicature, being the Court of Directors.
Compiled text (Section 69 - Independence of the judicature)
(1) The enacting component of the legislature shall exercise the judicial power of Urabba Parks as fount of justice if no other body is properly constituted and has jurisdiction, provided that judicial power may only be exercised:
- (a) on the advice of the directors; and
- (b) if there are eligible judicial directors – then with the advice of a body composed of a body consisting of judicial directors of which may only convene with a majority of eligible judicial directors.
(2) In paragraph (1)(b), an eligible judicial director means, in relation to a matter, a judicial director who is a judicial officer by virtue of being a member of a judicial body (other than a body formed for the purpose of advice under subsection (1)) who is able to act in relation to the matter if the matter if jurisdiction is vested in the judicial body to which the judicial officer is commissioned.
(3) A law of Urabba Parks is void to the extent it abolishes:
- (a) the Corporate Supreme Body of Judicature; or
- (b) the place of a member directly appointed of the Body.
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
188. Subsection (1) vests jurisdiction in the Enactor (referred to in this section as the enacting component of the legislature) as ‘fount of justice’ in a matter where there is no constituted body having jurisdiction in the matter but only on the advice of the judicial directors, and if there are ‘eligible judicial directors’, then with a body consisting of those directors. Subsection (2) defines a ‘eligible judicial director’ as being a judicial director who is appointed to a judicial body other than one formed for the purpose of advice under subsection 69(1) who is able to act in relation to the matter if the matter if jurisdiction is vested in the judicial body to which the judicial officer is commissioned.
189. Subsection (3) voids any law that abolishes the Corporate Supreme Body of Judicature or the place of any of its members directly appointed. Subsection 71(1) names the Corporate Supreme Body of Judicature as the Court of Directors; see note 196 for more information regarding the Court.
190. The intention of this section is to ensure:
- (A) the continuance of the judiciary – to allow for the judicial power to be exercised by the Enactor in any period while there are no judicial directors; and
- (B) the independence of the judiciary, in the requirement of the jurisdiction of the fount of justice to act on the advice of the eligible judicial directors, and for the protection against abolition of the Court of Directors.
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