eAustralian Constitution (08/09) Public forum time.

Day 730, 03:25 Published in Australia Australia by Sir_c0nstant

“Once discussed and amended, this Constitution should be sent to the voting hall to be voted upon. If accepted in its form after voting, it should then be moved to Public Forum, probably Political Discussions for comment by the Public before being sent to a Referendum.”

And here we are, it doesn’t need a vote to let you see it, So read it, go to the forums add your 5 cents worth…
At the moment people are working on how to do a referendum so you have plenty of time to look at this and discuss.....

http://forum.auserepublik.com/viewtopic.php?f=133&t=4500
You will have to be registered on the forums to view it.




eAustralian Constitution (08/09)
Parliament of eAustralia


Table of Contents
eAustralia Constitution Act 2009
(Preamble)
Chapter I — The Parliament
Part I — General
Part II — Inspector General
Part III — The Prime Minister
Part IV — Houses of the Parliament
Part V — The Cabinet (The Executive Government)
Part VI — The Senate
Part VII — The Speaker
Part VIII — Powers of the Parliament
Chapter II — The Cabinet Procedure and Protocol
Part I - Cabinet Announcement
Part II - The Lodge
Part III - Code of Conduct
Part IV - General
Chapter III — The Senate Procedure and Protocol
Part I - Policy Proposals
Part II - Senate Speaker/Deputy Speaker Elections
Part III - Code of Ethics
Chapter IV — The Inspector General Selection Process

Chapter V — Finance and Trade

Chapter VI — Constitutional Alterations

Chapter VII — Referendums
Part I - General Referendum Proposal
Part II - General Implementation


eAustralia Constitution Act 2009
(Preamble)
The eAustralia Constitution Act 2009 is enacted under the Authority of the eRepublik eAustralian Parliament by referendum of the eAustralian Citizens on this the XXth day of XXX in the year of 2009 (also known as day XXX of the New World in eRepublik), and by the authority of the same, as follows:--

1. This Act, and all laws made by the Parliament of eAustralia under the Constitution, shall be binding on all future Governments, the people and citizens, current and new, now and in future admitted to the Country of eAustralia.

2. After the passing of this Act, any eLaw may only be changed in accordance with this eAustralia Constitution by any successive Government of eAustralia.

3. The Constitution of the Commonwealth shall be as follows:--

Chapter I — The Parliament

Part I — General

1. The legislative power of eAustralia shall be vested in a Parliament, which shall consist of the Prime Minister, The Cabinet, and the Senate, and which is herein-after called "The Parliament".

2. The Parliament shall be in session continuously on the eAustralian Forums, operating out of the Parliament Forums and shall operates as outlined under this Constitution:

Part II — Inspector General
3. The Inspector General shall be an Officer of Parliament and responsible for, but not limited to, duties outlined below and in accordance with Acts of Parliament (Note Inspector General's Act (04/09))
(i) Advising both the Executive Government and the Senate
(ii) Ensuring the Legal Considerations, Protocol, and Policy are not breached and enacted in relation and accordance with the Constitution of eAustralia and any and all other Act of Parliament.

Part III — The Prime Minister

4. The Prime Minister shall be voted into their position by the People of eAustralia during the Official eRepublik Vote for President.

5. Nominees for said position of Prime Minister and the Vote must be officially nominated using the eRepublik system.

6. The Prime Minister MUST be a registered member of the eAustralia Forums, and MUST be an eAustralian Citizen.

7. The Prime Minister may, at anytime, create or abolish any Government Department at his discretion.

8. The Prime Minister may, at anytime, appoint or remove any Minister or Deputy Minister to any Government Department or appoint any other type of Cabinet Member he sees fit.

9. The Prime Minister may, at anytime, choose to add Ministerial Positions and appoint a person to said position.

10. The Prime Minister may, at anytime, choose to add or remove Portfolios to any Ministerial Position after discussion with his Cabinet.

Part IV — Houses of the Parliament

11. The Houses of Parliament shall include the Cabinet and the Senate.

12. Any person who is under any acknowledgment of allegiance, obedience, or adherence to a foreign power, or is a subject or citizen of a foreign power shall be incapable of holding office in the Senate or Cabinet.

13. Parliament may make separate regulations and rules with respect to--

(i) The mode in which its powers, privileges, and immunities may be exercised and uphel😛

(ii) The order and conduct of its business and proceedings either separately or jointly with the other House.

(iii) The ethical conduct and behaviour of its members.

Part V — The Cabinet (The Executive Government)

14. The Cabinet shall consist of the Prime Minister, and the Ministers, Deputy Ministers and other types of Cabinet members appointed by the Prime Minister.

15. The Prime Minister, duly elected, normally selects the Cabinet Ministers directly.

16. Cabinet Ministers MUST be a Registered User on the eAustralia Forums, and MUST be eAustralian Citizens.

17. Ministers may appoint and remove Interns (Department Apprentices) into their own Departments to assist and learn about the Cabinet aspect of Government without Prime Ministerial Approval, PROVIDED the Prime Minister allows Interns to be employed during their term of office.

18. Ministers and Deputy Ministers are appointed to their Department positions by the Prime Minister.

19. The Cabinet when operating in the Senate shall follow correct Senate Protocol ( See Chapter III, Parts I – III).

Part VI — The Senate

20. The Senate shall be composed of senators from political parties and each state and voted into their positions by the People of eAustralia during the Official eRepublik Vote for Congress each month.

21. Each Senator MUST be and remain an eAustralian Citizen, and SHOULD be a Registered User on the Australia eRepublik Forums.

22. Senators will be voted upon by the People of eAustralia at the eRepublik elections held each month for Congress.

23. Cabinet Ministers and Deputy Ministers may also nominate on eRepublik as Senators and may be voted into the Senate by the People.

24. The term of service of a Senator shall be for one eRepublik Month, however, the senator may stand for re-election, provided the Senator’s Political Party approves.

25. ONLY duly Elected Senators may Vote in the Voting Hall. This includes those Cabinet Ministers and Deputy Cabinet Ministers that may also be duly Elected Senators by the People of eAustralia. The Prime Minister is permitted to vote in the Voting Hall.

26. Proceeding each new Senate election, and before the dispatch of ANY business, a Speaker and 2 Deputy Speakers shall be chosen by the members of the Senate by vote, before ANY other business. In an emergency situation, the previous Speaker will continue his duties. (Note Chapter I, Part VI and Chapter III, Part II).

27. Senate Protocol shall be followed at all times in the Senate (see Chapter III, Parts I – III).

Part VII — The Speaker and Deputy Speakers

28. Only Senators that are NOT Ministers, Deputy Ministers or Cabinet Members may nominate for the positions of Speaker or Deputy Speaker.

29. The Speaker and Deputy Speakers are responsible for maintaining the Senate forums, moderating discussion, conducting and declaring votes, maintaining the Senate archives and ensuring Acts and policies are published appropriately, as well as fulfilling any further duties that may be conferred on them by Act of Parliament.

Part VIII — Powers of the Parliament

30. The Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of eAustralia with respect to:

(i) Trade and commerce with other Countries:

(ii) Taxation:

(iii) Borrowing money on the public credit of eAustralia:

(iv) The military defence and Security of eAustralia:

(v) Census and statistics:

(vi) Production of currency and exchange control:

(vii) Banking; the operation of the National Bank of eAustralia:

(viii) Foreign Affairs:

(ix) Provision of medical services, welfare benefits and economic assistance:

(x) Immigration.

31. The Senate may at any stage reject or accept, with or without modifications, any proposed law, amendment or other proposal as it sees fit.

32. Except as provided in this section, the Senate shall have equal powers to present proposals or Bills to Parliament as the Executive Government.

33. Proposed laws relating to taxation or budgets shall deal only with the imposition of taxation or the budget, and any other provision within the proposed law dealing with any other matter shall be of no effect.

Chapter II — The Cabinet Procedure and Protocol

Part I - Cabinet Announcement

34. The Prime Minister shall, within three days of their election, or whenever the membership of the Cabinet changes, publish an announcement through the forums, entitled [(month)/(year) Departments and Ministers], notifying the Senate and the general public of the members of:

(i) the names of all Departments,

(ii) the names of all members of the Cabinet, as well as interns or other people assisting members of the Cabinet, with their titles and the Departments within their responsibility,

(iii) in the case of members of the Cabinet who are not responsible for a Department, their names, positions and details of their responsibilities.

35. The executive power of eAustralia is vested in the duly elected Prime Minister, and extends to the execution and maintenance of this Constitution, and of the laws of the Country.

36. The Cabinet shall advise and assist the Prime Minister with the administration of the Government, in accordance with the laws of eAustralia and the directions of the Prime Minister.

37. The Prime Minister shall be commander-in-chief of the eAustralian military forces.

38. The Prime Minister may make Executive Orders in accordance with Acts of Parliament. (see Prime Ministerial Executive Order Protocol Act (02/09))

Part II - The Lodge

39. The Prime Minister shall receive, at the expense of the Government, the entitlements to which the Senate shall prescribe, which, unless otherwise prescribed by the Senate, remain the property of the eAustralian people through their Government and shall be returned to the Government upon leaving office.

40. Until the Senate otherwise provides, the entitlements of the Prime Minister shall consist of the quality 5 house commonly known as "The Lodge", which shall remain the property of the Government and shall be transferred to each incoming Prime Minister.

Part III - Code of Conduct

41. All Cabinet Ministers shall agree to abide to a code of conduct related to the performance of their duties. This is detailed in this section:

(i) Given Cabinet Members are clearly perceived as directly representing the government of eAustralia, they are required to clearly state when commenting any personal or private views in public that are not necessarily the views of the eAustralian government or their elected representatives.

(ii) Cabinet Members have a duty to ensuring any risk of perceived direct Conflict of Interest from legislation or executive government decisions (as handed down by the PM) is minimised. In the event of a potential or perceived direct Conflict of Interest, Cabinet Members should declare this to the PM and Inspector General as soon as such a Conflict becomes apparent.

Chapter III — The Senate Procedure and Protocol

Part I - Policy Proposals

42. All policy proposals being presented to the Senate and Cabinet shall be placed in the Senate Forum for discussion under these procedures before being voted on, either on the forums or in game.

43. Any proposal made using the eRepublik Congress system that does not follow the procedure explicitly as described below, requires all Senators to vote against the proposal.

44. The proposal procedure is as follows;

(i) Any Senator or Cabinet Member interested in making a proposal must first declare the proposal using one of the required Templates, as a new topic in the Senate Forum. The topic will be discussed for a period no less than 48 hours, starting from the date and time the topic is posted.

(ii) The Senate Speaker and Deputy Speaker shall preside over all Senate discussions & topics and act as moderator.

(iii) Proposers are required to amend their own proposal topics were required if they choose to do so. Failure to do so will mean that the proposal will be voted on specifically as the proposer stated.

(iv) After the 48 hours has passed the Speaker / Deputy Speaker will lock the topic with a final post directing Senators to vote in the following manner:

1) If a dynamic in the eRepublik game system: (ie: taxes), the Speaker grants permission to the Proposer (if a Senator) or directs another Senator (if the Proposer is not a Senator) to start the vote on eRepublik. Said vote will run for the standard 24 hours allocated under the eRepublik Game Mechanics, and Senators vote according to their conscience. In the optional link / discussion section the Senator should copy and paste the Link to the Discussion it is related to, if no link is put then the Proposal should automatically be voted against.

2) If not dealing with a dynamic of the eRepublik game system: (ie: Government Funded Companies, Act Amendments, etc), the Vote shall be taken in the Voting Hall for a period of no less than 24 Hours as a Forum Poll. After the poll is created by the Speaker/Deputy Speaker, a message shall be sent to the Senate Group on the forum notifying them that a Poll has commenced in the voting hall.

3) In regards to bills with multiple questions for vote, 1 poll shall be created for each question and the responses accepted and tallied on the Primary Poll.

(v) Regardless of the voting options presented in any individual bill, elected members have the right to abstain or vote in the negative even when the option to do so has not been presented.

Part II - Senate Speaker/Deputy Speaker Elections

45. The previous term Speaker shall continue to act in the role for a period of no more than 3 days (see Section 4😎, and shall call for nominations in a Post on the First day of the new senate which shall run for 2 days. Senators may nominate themselves or nominate others for the position during this time. Any Senator who is not the Prime Minister, Deputy Prime Minister or a Cabinet Member may apply or be nominated.

(i) Nominations and applications may be for specific positions as either the Speaker or Deputy Speaker, or they may be as general nomination or application.

(ii) Nominees nominated by others should accept or reject nominations prior to the closing time, otherwise they will be included in vote.

46. After 2 days of nominations, the Previous Term Speaker shall institute 2 Polls in the Voting Hall, One for Speaker Nominees and one for Deputy Speaker Nominees. General Nominees shall be added to both Polls. Senators will vote for those they wish as Speaker and Deputy Speaker for that term of the Senate.

47. The Vote shall run for a period of no less than 24 hours. After the New Speaker and Deputy Speaker will be those with the Majority of the votes. The Second Deputy Speaker shall be the one with the second highest number of Votes from the Speaker Poll should they choose to accept the position.

48. The outgoing Speaker shall ensure that their permissions and privileges obtained in their position as Speaker are removed within three days, unless requested to continue as Speaker for a further three days by the incoming Speaker.

Part III - Code of Ethics

49. Discussions in the Sensitive Area of the forums must not be repeated, screenshotted or copy/pasted to anybody that is not a member of the Senate or Cabinet.

50. All Senators make an informed decision and vote accordingly upon that decision.

51. All Senators should familiarise themselves with this Constitution and the Senate Procedures and Protocols contained within it. Each month a copy of the Senate Procedures and Protocol Section will be posted into a separate topic in The Senate Forum and ALL Senators are required to read, understand and sign the document.

52. The exception to part of the Senate Procedures and Protocol is Sensitive Issues, which will be placed in the Sensitive Issues Forum as a topic similar to standard proposals. All such discussions relating this topic will be done there. Voting will take place in the Sensitive Issues Voting Hall.

53. General responsibility for most of this Chapter will be that of the Senators and the Speaker and Deputy Speaker.

54. After the election of every new Senate, the Old Speaker / Deputy Speaker is required to copy the Senate Procedures and Protocol Template code into a new topic, fill in the required areas and the Newly elected Senators are required to read and sign.

Chapter IV — Inspector General Selection Process

55. The term of the Inspector General shall be for one month. The currently serving IG may be returned to the position by vote of the Senate and Cabinet as outlined below.

56. Candidates for the position of IG must be currently serving Senators that have signed the Protocol agreement or a recipient of the Order of Australia medal.

57. The elected IG is automatically deemed to have signed the Parliamentary Protocol Act agreement or the Constitutional section relating to it and is deemed and required at all times to abide by all Constitutional requirements, Acts and Laws of Parliament and any and all Policies and Procedures relating to the running of the Country and Parliament.

58. Candidates for the role must either nominate themselves or be nominated by a member of the Senate or Cabinet and be seconded by 2 others the day after the Prime Ministerial Election is complete, with the vote taking place 2 days after that.

59. To be named IG, a Candidate needs at least 50%+1 of the Poll votes cast by both Senators and Cabinet Members, including the PM, whether the Cabinet Members are elected Senators or not.

60. Should none of the Candidates receive the required number of Poll Votes, the one with the least votes is removed from the list and the remaining candidate nomination process begins again, excluding any new additions and that candidate with the lowest number of votes.

Chapter V — Finance and Trade

61. All moneys raised or received by the eAustralian Government shall be placed in the National Treasury, and where authorised by the Senate into the National Bank of Australia, and used only for the purposes of the eNation in the manner and subject to the requirements of this Constitution or by authorised Regulations.

62. No money shall be drawn from the National Account or the National Bank of Australia except under appropriation made by law.

Chapter VI — Constitutional Alterations

63. This Constitution shall not be altered except in the following manner:--

64. The proposed changes must be placed before the Senate as [Constitutional Amendment] for discussion and Vote as per the normal Senate Procedures. If passed by the Senate, then section 68. shall be implemented.

65. The proposed changes must be placed on the Referendums Forum (under the Parliament Forum), specifically outlining it is a [Constitutional Change] and list what the changes are from and to.

66. After a period of 3 days, the Speaker of the House shall institute a POLL in the same area, with ALL Australians being permitted to vote upon the proposed change/s.

67. The Poll shall run for a period of 5 days, with a majority of no less than 85% voting for the change/s to the Constitution before the change may be implemented.

Chapter VII — Referendums
68. A referendum, apart from changes or amendments to the Constitution (which is outlined in Chapter V) shall be undertaken according to the procedures outlined below:--

Part I - General Referendum Proposal

69. A referendum may be proposed by any senator.

70. For a referendum to be allowed the senate must vote in favor of holding one on a per issue basis.

71. A proposal shall be made as usual in the senate forum with "referendum" as a voting option, the proposal may be amended to include the option of a referendum while discussion is ongoing

72. The length of discussion and voting period while it is in the senate shall be the same as any other bill

73. It is strongly recommended that voting options only include the option of a referendum or not to make the voting process easier, however it is not required

74. Senators MUST vote according on whether the issue is appropriate for a referendum, that is, whether it is an issue the public can vote on reliably and whether one of the outcomes could cause significant harm to eAustralia, forcing the senate to vote it down.

75. Senators MUST NOT vote according to their personal opinion on the issue.

76. Section 1d is such that a referendum may not be held on matters directly related to taxes or security issues.

77. the PM, DPM or 3 separate cabinet members must approve of the referendum.

Part II - General Implementation
78. Should the proposal pass this section outlines the process for holding a referendum.

79. The referendum will be held on the eAustralian Forums in the Referendums Forum (under the Parliament Forum) after it is approved by the senate, any Australian citizen may vote once.

80. The referendum will be announced in eAus news by an appropriate govt. newspaper, it will also be announced in the general section of these forums, the news article should be voted by every senator.

81. The referendum Poll will begin 24 hours after the news article is written.

82. The referendum Poll will run for 3 days after which the thread will be locked and a tally taken.

83. The outcome of the referendum shall be accepted with a majority of no less than 85% of Aus Citizens of the voters in favour.




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