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Constitution of Urabba Parks/Section 91
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[[Constitution of Urabba Parks/Contents|Table]]|[[Constitution of Urabba Parks/Notes|Notes]]|[[Constitution of Urabba Parks/Section 90|Previous]]|[[Constitution of Urabba Parks/Section 92|Next]]|[[Constitution of Urabba Parks/Download|Download]]<br>{{Navbar|L=Constitution of Urabba Parks|Ch=4|Pt=1|Div=4|Sdiv=A|S=91}} = Contractual Approval Bills = (1) It shall be unlawful to present for Mister Enactor's Assent any proposed law for the approval of a supply benefit under [[Constitution of Urabba Parks/Section 90#item7|item 7 of the table in subsection 90(3)]] (a '''''Contractual Approval Bill'''''), and any provision dealing with such approval shall be of no effect unless subsection (2) applies to the Contractual Approval Bill. <small>Note 1: Under [[Constitution of Urabba Parks/Section 90#item7|item 7 of the table in subsection 90(3)]], approval shall be by special provision.</small> <small>Note 2: A '''''special provision''''' is a law enacted by special resolution: see [[Constitution of Urabba Parks/Section 4#SpecialProvision|subsection 4(1)]].</small> <small>Note 3: Laws may only be enacted by special resolution if passed by at least an absolute majority of each House of the Parliament: see [[Constitution of Urabba Parks/Section 14|subsection 14(1)]].</small> <span id="s2"></span>(2) This subsection applies when the House of the Parliament in which a Contractual Approval Bill is introduced: :<span id="par1a"></span>(a) is satisfied that it is in the best interests of Urabba Parks to provide the approved benefit to the amount or maximum amount as set out in the Bill; and :<span id="par1b"></span>(b) has passed the Bill, and any amendment to the Bill, without a member who is the subject of the approval or a connected entity thereof voting in favour. <span id="s3"></span>(3) The presiding officer of the House of the Parliament in which a Contractual Approval Bill is introduced shall endorse or cause to be endorsed on the Bill before its presentation to the Manager‑General for Mister Enactor’s Assent a certificate that the Bill is a proposed law to which subsection (2) applies. <span id="s4"></span>(4) The certificate of the presiding officer under subsection (3): :<span id="par4a"></span>(a) is conclusive evidence for all purposes and cannot be questioned in any body exercising corporate jurisdiction; and :<span id="par4b"></span>(b) is not to be taken to be an amendment of the Bill. = <span id="EM"></span>Relevant notes from the Explanatory Memorandum = 234. Subsection (1) makes it unlawful to present for the Enactorial Assent any proposed law for the approval of a supply benefit under [[Constitution of Urabba Parks/Section 90#item7|item 7 of the table in subsection 90(3)]] (a ‘Contractual Approval Bill’), and voids any such provision dealing with the approval unless subsection (2) applies. Subsection (2) applies if the House of the Parliament introducing the Contractual Approval Bill is satisfied that it is in the best interests of Urabba Parks to provide the approved benefit to the amount or maximum amount as set out in the Bill and has passed the Bill, and any amendment to the Bill without a member who is the subject of the approval or a connected entity thereof voting in favour. 235. Subsection (3) provides that when a Contractual Approval Bill is presented for the Enactorial Assent, it must be accompanied by a certificate signed by the presiding officer of the House of the Parliament that introduced the Bill confirming that subsection (2) applies. This is to ensure that legislative directors (especially members of the introducing House) are aware of their responsibility when passing a Bill for the approval of a related party contract, such as whether the proposed goods, services or assets are being sold at arm’s length terms or more beneficial terms to Urabba Parks. 236. Subsection (4) clarifies some incidental matters, paragraph (a) provides for the conclusive evidence of the certificate of the presiding officer, and paragraph (b) provides a certificate made under subsection (3) is not an amendment of the Bill. These provisions are to ensure there is no doubt cast over the parliamentary approval process by the judicature, consistent with the notion of the Parliament’s control over its own processes. [[Category:Urabbaparcensian constitutional law| ]]
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