Constitution of Urabba Parks/Section 91

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Chapter 4 >>Part 1 >>Division 4 >>Subdivision A >>Section 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 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.

Note 1: Under item 7 of the table in subsection 90(3), approval shall be by special provision.

Note 2: A special provision is a law enacted by special resolution: see subsection 4(1).

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 subsection 14(1).

(2)  This subsection applies when the House of the Parliament in which a Contractual Approval Bill is introduced:

(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

(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.

(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.

(4)  The certificate of the presiding officer under subsection (3):

(a)  is conclusive evidence for all purposes and cannot be questioned in any body exercising corporate jurisdiction; and

(b)  is not to be taken to be an amendment of the Bill.

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 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.