Constitution of Urabba Parks/Section 35

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Chapter 1 >>Part 3 >>Division 3 >>Subdivision B >>Section 35

Election of Speaker[edit | edit source]

(1)  The House of Ordinaries shall, before proceeding to the despatch of any other business, choose a member to be the Speaker of the House, and as often as the office of Speaker becomes vacant the House shall again choose a member to be the Speaker.

(2)  The Speaker maybe removed from office by a vote of the House.

(3)  The Speaker ceases to hold office if the Speaker ceases to be a member of the House, or resigns the office by writing addressed to the Manager‑General.

Independence of the Speaker[edit | edit source]

(4)  A Minister cannot be appointed or act as the Speaker.

(5)  Subsection (4) does not apply if:

(a)  there are fewer than 3 legislative directors; and
(b)  each member of the House is a Minister serving on an honorary basis.

(6)  The place of the Speaker becomes vacant if:

(a)  the Speaker is or becomes a Minister; and
(b)  subsection (4) applies or begins to apply.

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

135. This section is based on the corresponding section of the Australian Constitution allowing for the election of a Speaker of the House of Ordinaries, and for the removal and resignation of the Speaker.

136. However, this section provides the Speaker cannot be a Minister and ceases to hold office upon this qualification not being met. This is to ensure the independence of the operation of the House from management, as to allow non-executive legislative directors to exercise effective scrutiny over the executive.