Section 91 of the Constitution of Urabba Parks

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Constitution of Urabba Parks
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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 91 of the Constitution of Urabba Parks provides for the conditions of passing Contractual Approval Bills, being proposed laws for the approval of benefits under item 7 of the table in subsection 90(3) (amounts payable under contracts with Urabba Parks or its subsidiaries).

Compiled text (Section 91 - Contractual Approval Bills)

(1)    It shall be unlawful to present for Mister Enactor's Assent any proposed law for the approval of a supply benefit under item 7 of the table in subsection 90(3) (a Contractual Approval Bill), and any provision dealing with such approval shall be of no effect unless subsection (2) applies to the Contractual Approval Bill.

(2)    This subsection applies when the House of the Parliament in which a Contractual Approval Bill is introduced believes it is in the best interests of Urabba Parks to provide the approved benefit.

(3)    The presiding officer of the House of the Parliament in which a Contractual Approval Bill is introduced shall endorse or cause to be endorsed on the Bill before its presentation to the Manager‑General for Mister Enactor’s Assent a certificate that the Bill is a proposed law to which subsection (2) applies.

(4)    The certificate of the presiding officer under subsection (4)(3):

(a)    is conclusive evidence for all purposes and cannot be questioned in any body exercising corporate jurisdiction; and

(b)    is not to be taken to be an amendment of the Bill.

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
Urabba Parks Proprietary Limited Constitution Statute 2021	No. 1, 2021	5 Mar 2021	5 Mar 2021 (gaz 2021,p. 1)

Amendment history

Provision affected	How affected

Relevant notes from the explanatory memorandum

234. Subsection (1) makes it unlawful to present for the Enactorial Assent any proposed law for the approval of a supply benefit under item 7 (a Contractual Approval Bill), and voids any such provision dealing with the approval unless subsection (2) applies.  Subsection (2) applies if the House of the Parliament introducing the Contractual Approval Bill believes it is in the best interests of Urabba Parks to provide the approved benefit.

235. Subsection (3) provides that when a Contractual Approval Bill is presented for the Enactorial Assent, it must be accompanied by a certificate signed by the presiding officer of the House of the Parliament that introduced the Bill confirming that subsection (2) applies.  This is to ensure that legislative directors (especially members of the introducing House) are aware of their responsibility when passing a Bill for the approval of a related party contract, such as whether the proposed goods, services or assets are being sold at arm’s length terms or more beneficial terms to Urabba Parks.

236. Subsection (4) clarifies some incidental matters, paragraph (a) provides for the conclusive evidence of the certificate of the presiding officer, and paragraph (b) provides a certificate made under subsection (3) is not an amendment of the Bill.  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.