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AUSTRALIAN CAPITAL TERRITORY (SELF-GOVERNMENT) ACT 1988 - SECT 26

Special procedures for making certain enactments

             (1)  The Assembly may pass a law (in this section called the entrenching law ) prescribing restrictions on the manner and form of making particular enactments (which may include enactments amending or repealing the entrenching law).

             (2)  The entrenching law shall be submitted to a referendum of the electors of the Territory as provided by enactment.

             (3)  If a majority of the electors approve the entrenching law, it takes effect as provided by section 25.

             (4)  While the entrenching law is in force, an enactment to which it applies has no effect unless made in accordance with the entrenching law.

             (5)  If an entrenching law includes the requirement (however expressed) that an enactment or enactments be passed by a specified majority of the members (in this subsection called a special majority ), the same requirement shall be taken to apply to the entrenching law, so that it must be passed by:

                     (a)  that special majority; or

                     (b)  if it specifies different special majorities for different enactments--the highest of those special majorities.

             (6)  If an entrenching law passed by the Assembly:

                     (a)  includes the requirement (however expressed) that an enactment or enactments be submitted to a referendum of the electors of the Territory; and

                     (b)  includes provision (however expressed) that, to have effect, the referendum is to be passed by a specified majority of the electors (in this subsection called a special majority );

the same requirement shall be taken to apply to the entrenching law, so that the reference in subsection (3) to a majority of the electors shall be taken to be a reference to:

                     (c)  that special majority; or

                     (d)  if the entrenching law specifies different special majorities for different enactments--the highest of those special majorities.



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