Constitution of Urabba Parks/Section 1

From Urabba Parks Pty Ltd
Jump to navigation Jump to search

Table|Notes|Previous|Next|Download
Chapter 1 >>Part 1 >>Division 1 >>Subdivision A >>Section 1

Legislative power[edit | edit source]

The legislative power of Urabba Parks shall be vested in a Corporate Parliament, which shall consist of the Enactor and the Houses of the Parliament created under law including the House of Ordinaries, and which is hereinafter called The Parliament, or The Parliament of Urabba Parks.

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

28. The legislative power of Urabba Parks shall be vested in a Corporate Parliament, which shall consist of the Enactor and the Houses of the Parliament created under law including the House of Ordinaries, and which is hereinafter called The Parliament, or The Parliament of Urabba Parks. This section, based on the corresponding section of the Australian Constitution, vests legislative power in a Corporate Parliament, known as the Parliament of Urabba Parks, which shall consist of the Enactor and the Houses of the Parliament.

29. Legislative power, in relation to an entity, consists of the making of laws regulating matters within the scope of the entity’s powers, and in the case of Urabba Parks, its affairs within the meaning of the Corporations Act 2001.

30. This section specifies the Parliament is a Corporate Parliament. The phrase ‘Corporate Parliament’ implies the legislative power is to be exercised in a parliamentary manner – for a law to be made, unless otherwise specifically provided – it must be approved by each component of the Parliament – being the components that deliberate on whether the proposed law ought to be passed (the deliberative components) and the enacting component (the component that enacts the law). It also implies that the components – especially the deliberative components – also have a number of functions that are related to, but distinct from, the power to pass proposed laws, such as the power to conduct enquiries in committee.

31. In the corresponding section of the Australian Constitution, the Federal Parliament consists of the Queen (being the enacting component who gives Royal Assent to laws), precedes the Houses of Parliament (the deliberative components that deliberate and passes proposed laws presented for Her Majesty’s assent) Mentioning the Enactor in place of Her Majesty in this section is to imply Mister Enactor is the enacting component of the Parliament.

32. In mentioning the Houses of the Parliament created by law, this section enables the creation of Houses under law and reflects the provisions of section 19(1) which states the Parliament does not consist of a component that is ‘vacant in the whole.’