Constitution of Urabba Parks/Section 53

From Urabba Parks Pty Ltd
Jump to navigation Jump to search

Chapter 1 >>Part 5 >>Division 1 >>Subdivision B >>Section 53

Powers of the Houses in respect of legislation[edit | edit source]

(1)  Proposed laws appropriating revenue or moneys, or imposing taxation, shall not originate in a House of the Parliament other than the House of Ordinaries (an upper House). But a proposed law shall not be taken to appropriate revenue or moneys, or to impose taxation, by reason only of its containing provisions for the imposition or appropriation of fines or other pecuniary sanctions, or for the demand or payment or appropriation of fees for licences, or fees for services under the proposed law.

(2)  An upper House may not amend proposed laws imposing taxation, or proposed laws appropriating revenue or moneys for the ordinary annual services of the Government.

(3)  An upper House may not amend any proposed law so as to increase any proposed charge or burden on the people.

(4)  An upper House may at any stage return to the House of Ordinaries any proposed law which the upper House may not amend, requesting, by message, the omission or amendment of any items or provisions therein. And the House of Ordinaries may, if it thinks fit, make any of such omissions or amendments, with or without modifications.

(5)  Except as provided in this section, each upper House shall have equal power with the House of Ordinaries in respect of all proposed laws.

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

161. This section, based on the corresponding section of the Australian Constitution, sets out the powers of the Houses of the Parliament. Under subsection (1), a proposed law for appropriation cannot originate in an upper House (meaning a House of the Parliament other than the House of Ordinaries). An upper House may not amend any proposed law for appropriation (subsection (2)), or so as to increase any proposed charge or burden on the people (subsection (3)).

162. Under subsection (4), there remains the possibility of an upper House to message the House of Ordinaries requesting the amendment of a Bill it cannot itself amend.

163. With the exception of Bills mentioned here, any House may introduce a law on any topic (subsection (5)). Also this section is subject to subsection 19(1), which means this section would not apply in the case of a vacancy in the whole of the House of Ordinaries (see note 105).

164. This section clarifies that the Government of the day has the responsibility of initiating, through the Manager‑General, proposals for appropriation, known as the ‘financial initiative rule’. The financial initiative rule is regarded ‘as a safeguard against unrestrained and politically competitive financial proposals by members who have not the responsibility of government.*’

  • JR Odgers, Australian Senate Practice, 6th edn, (1991), p 568.