Constitution of Urabba Parks/Section 35

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

Election of Speaker

(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

(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

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.