Constitution of Urabba Parks/Section 69

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Chapter 3 >>Part 1 >>Division 1 >>Subdivision A >>Section 69

Independence of the judicature[edit | edit source]

(1)  The enacting component of the legislature shall exercise the judicial power of Urabba Parks as fount of justice if no other body is properly constituted and has jurisdiction, provided that judicial power may only be exercised:

(a)  on the advice of the directors; and
(b)  if there are eligible judicial directors – with the advice of a body composed of a body consisting of judicial directors of which may only convene with a majority of eligible judicial directors.

(2)  In paragraph (1)(b), an eligible judicial director means, in relation to a matter, a judicial director who is a judicial officer by virtue of being a member of a judicial body (other than a body formed for the purpose of advice under subsection (1)) who is able to act in relation to the matter if the matter if jurisdiction is vested in the judicial body to which the judicial officer is commissioned.

(3)  A law of Urabba Parks is void to the extent it abolishes:

(a)  the Corporate Supreme Body of Judicature; or
(b)  the place of a member directly appointed of the Body.

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

188. Subsection (1) vests jurisdiction in the Enactor (referred to in this section as the enacting component of the legislature) as ‘fount of justice’ in a matter where there is no constituted body having jurisdiction in the matter but only on the advice of the judicial directors, and if there are ‘eligible judicial directors’, then with a body consisting of those directors. Subsection (2) defines a ‘eligible judicial director’ as being a judicial director who is appointed to a judicial body other than one formed for the purpose of advice under subsection (1) who is able to act in relation to the matter if the matter if jurisdiction is vested in the judicial body to which the judicial officer is commissioned.

189. Subsection (3) voids any law that abolishes the Corporate Supreme Body of Judicature or the place of any of its members directly appointed. Subsection 71(1) names the Court of Directors as the Corporate Supreme Body of Judicature; see note 196 for more information regarding the Court.

190. The intention of this section is to ensure:

(A) the continuance of the judiciary – to allow for the judicial power to be exercised by the Enactor in any period while there are no judicial directors; and
(B) the independence of the judiciary, in the requirement of the jurisdiction of the fount of justice to act on the advice of the eligible judicial directors, and for the protection against abolition of the Court of Directors.