Editing Constitution of Urabba Parks/Section 129

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= Conduct of referendum =

== When approval is given ==
<span id="s1"></span>(1)  If any proposed resolution is to be put to a referendum under this section, the proposed resolution shall be approved if:

:<span id="par1a"></span>(a)  in the case of a resolution that under an Australian law must be given by a special resolution – three-quarters of the votes cast by the members in each constituency entitled to vote are in favour of the resolution; or

:<span id="par1b"></span>(b)  in any other case - an absolute majority of the votes cast by the members in each constituency entitled to vote are in favour of the resolution;

except if an entrenchment may specify a higher proportion of votes required for approval to be given, in which case it shall be that majority.

== <span id="s2"></span>When approval is taken to be given ==
(2)  If any proposed resolution is to be put to a referendum under this section, the proposed resolution shall be taken to be approved if:

:<span id="par2a"></span>(a)  all of the members of whose approval is required:

::<span id="par2a-i"></span>(i)  are members of the foundation control group of which Urabba&nbsp;Parks is a member; or

::<span id="par2a-ii"></span>(ii)  are not eligible to vote under Subdivision&nbsp;A of Division&nbsp;2 of Part&nbsp;3 of Chapter&nbsp;1;

:<span id="par2b"></span>(b)  the question of the referendum is put to a duly called meeting of the members eligible to vote on the referendum and the chair declares the motion carried and no poll is demanded;

:<span id="par2c"></span>(c)  all the members eligible to vote in the referendum make a petition to the enacting component praying for the proposed law to be made.

== <span id="s3"></span>Exclusion from requirement to hold referendum in the case of an editorial change ==
(3)  A proposed resolution does not require approval by a referendum under this section to the extent the resolution relates to an editorial change to a law.

== <span id="s4"></span>Rights to vote ==
(4)  A member of Urabba Parks who is eligible to vote under Subdivision&nbsp;A of Division&nbsp;2 of Part&nbsp;3 of Chapter&nbsp;1 is eligible to vote in a referendum held under this section.

(5)  A person who is eligible to vote for a member of Urabba Parks under Subdivision&nbsp;A of Division&nbsp;2 of Part&nbsp;3 of Chapter&nbsp;1 is eligible to vote for a member in a referendum held under this section.

== <span id="s6"></span>Manner of holding referendum ==
(6)  Subject to this section, when a proposal is submitted to the electors the vote shall be taken in such manner as provided under law.
= <span id="EM"></span>Relevant notes from the Explanatory Memorandum =
306. This section provides where a proposed resolution that is to be put to a referendum under this section is approved.

307. Under subsection&nbsp;(1), a resolution is approved if an absolute majority of the members in each constituency entitled to vote are in favour of the resolution, unless:
:(A) in the case of a resolution that under an Australian law must be given by a special resolution – three-quarters of the votes cast by the members in each group are required; or
:(B) a higher majority is specified in the entrenchment.

308. Subsection&nbsp;(2) provides the proposed resolution is approved if there are no members eligible to vote (including  members of the foundation control group of which Urabba&nbsp;Parks is a member), the members agree at a meeting or in writing by petition.  This is to ensure the technical requirement for a referendum is satisfied if the proposal is approved by any of those means.

309. Subsection&nbsp;(3) excludes the requirement to hold referenda in respect of an editorial change.  Subsection&nbsp;4(1) defines an ‘editorial change’ as a change to a law made for presentation that does not have any effect on the law.  This includes an editorial change as defined in section&nbsp;15X of the ''Legislation Act 2003''.

310. Subsection&nbsp;(4) provides that members who have the rights to vote under Subdivision&nbsp;A of Division&nbsp;2 of Part&nbsp;3 of Chapter&nbsp;1 are eligible to vote in the referendum, and subsection&nbsp;(5) has similar effect in regards to those who vote on behalf of members.  These provisions are to ensure the rights of members to vote in a referendum cannot be arbitrarily limited by laws made by the Parliament.

311. Subsection&nbsp;(6) provides the referendum shall be held in a manner provided under law, giving the Parliament the power to regulate referenda in a manner consistent with this Chapter.






[[Category:Urabbaparcensian constitutional law| ]]