Constitution of Urabba Parks/Schedule 2/Clause 7

From Urabba Parks Pty Ltd
Jump to navigation Jump to search

Table|Notes|Previous|Next|Download
Covering clauses >>Part 2 >>Division 2 >>Subdivision C >>Clause 7

Divisional matter[edit | edit source]

(1)  Divisional matter may fall in entrenchment 5.

(2)  In subclause (1), divisional matter includes the following:

(a)  the establishment or admittance of a jurisdictional division;
(b)  the dissolution of a jurisdictional division;
(c)  the alteration of the territorial limits of a jurisdictional division;
(d)  the making, amendment or repeal of the Constitution of a jurisdictional division;
(e)  the legislative power of jurisdictional divisions, other than revocable legislative power;
(f)  limitations on the power of the corporate legislature to make laws applying to jurisdictional divisions in matters within the legislative power of jurisdictional divisions, other than revocable legislative power of jurisdictional divisions;
(g)  laws of jurisdictional divisions relating to:
(i)  representation matter as defined in subclause 5(2); and
(ii)  visitational matter as defined in subclause 6(2).

Meaning of revocable legislative power[edit | edit source]

(3)  In this clause, revocable legislative power includes the following:

(a)  establishment of relations with non-state jurisdictions outside Urabba Parks;
(b)  raising or maintaining of defence services;
(c)  imposition of any charge on purchases from outside the jurisdictional division;
(d)  issuance of securities in Urabba Parks except with the permission of the corporate legislature.

Relevant notes from the Explanatory Memorandum[edit | edit source]

363. Subclause (1) provides that divisional matter may fall in or under entrenchment 5. Subclause (2) provides that divisional matter includes the establishment, dissolution, alteration of territorial limits, the making, amendment or repeal of the Constitution of a jurisdictional division and the non-revocable legislative powers of jurisdictional divisions, limitations on the power of the corporate legislature to make laws in matters subject to the non-revocable legislative power of jurisdictional divisions and laws of jurisdictional divisions relating to representation matter and visitational matter.

364. Subclause (3) excludes from the term ‘non-revocable powers of jurisdictional divisions’ matters relating to external affairs, defence, imposition of levies on purchases from outside the jurisdictional division and the issuance of securities without authorisation from the Parliament of Urabba Parks (referred to as the corporate legislature). This subsection is intended to clarify that these powers of the Parliament of Urabba Parks that may be limited despite any provision that is entrenched matter.