Constitution of Urabba Parks/Section 19

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Chapter 1 >>Part 2 >>Division 5 >>Subdivision A >>Section 19

Effect of vacancy of deliberative component

(1) If for as long as a body declared a deliberative component of the legislature is vacant in the whole (a vacant component), the legislature does not consist of the vacant component and a law is void to the extent that:

(a) the law requires:

(i) proposed law of any kind to originate in the vacant component; or

(ii) any resolution to be made or any other privilege or immunity exercised by the vacant component; or

(b) the law limits the power of any deliberative component not vacant in the whole:

(i) to introduce or amend proposed law that may only be introduced or amended by the vacant component; or

(ii) to make a resolution that may only be made by the vacant component.

(2) If each deliberative component is vacant in the whole:

(a) the legislature consists solely of the enacting component;

(b) the enacting component acting on the advice of the directors may enact laws, including by special resolution, under this paragraph;

(c) a reference to the enacting component acting on the advice of the body vested with giving advice in Government shall be a reference to the enacting component acting on the advice of the directors;

(d) a law requiring any resolution to be made or any privilege or immunity to be exercised by a body or bodies declared as deliberative components of the legislature, or any part thereof, as a precondition for any action by or for the Executive Government of Urabba Parks or any entity or body shall be of no effect; and

(e) if by law or convention advice is to be tendered or put by directors being the body of advisors in Government, or by any director being a member of such body, shall be taken to be tendered by a director who is the enacting component or is appointed by the enacting component.

Relevant notes from the Explanatory Memorandum

105. Subsection (1) voids any requirement to have any Bill pass a House of the Parliament, or limits the introduction of a particular proposed law to a particular House, if it is vacant in the whole or for such a House to exercise any other power (such as a resolution praying for the removal of an office holder). Subsection (2) allows the Enactor to enact laws alone (including by special resolution) if each House of the Parliament if it is vacant in the whole.

106. Subsection 4(1) defines a ‘vacancy in the whole.’ See note 46:(C) for more information on the definition.

107. This purpose of this section is to allow the Parliament to operate despite the vacancy of the whole in a House. This situation is likely to prevail until the finalisation of the Parliament structure and recruitment of members.