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V. Union Objects
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| Article 58-The Senate | ||
| 58.1 | The Senate | |
| All legislative Powers of the Oceanic Union Free Society shall be vested in a Senate (The Senate), which shall consist of one house– a Senate. The Senate shall be made up of seven (7) elected representatives from each University Society that is a member of the Union and the Union Directors as defined by this Charter. |
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| Senators shall be appointed for a term of six (6) years corresponding to the fixed terms of the Union Executive. Where a Senator is a senator by being a Union Director, their term shall be the same as their tenure as Union Director. | ||
| 58.2 | Power of the Senate | |
| Vested by the Charter, the Senate shall have the power to create new bills and amend existing laws into bills for review. | ||
| The Senate shall also have the power to create new budgets for expenditure and financial management of the Union as well as to review the appointments of any person by the executive to a permanent position prescribed by this Charter. | ||
| The Senate also has vested by this Charter the power to commission a Union Impeachment for the forced removal of any elected official from a member of the Union Council, or Secretary-General to any position within any branch of government in the nation. | ||
| Vested by the Charter, the Senate shall have the power to review all bills passed by the Executive and proposed as law, all budgets, expenditure and official planning of the executive. | ||
| The Senate shall not have the power to block money Bills required for the general operation and function of Government. | ||
| The Senate shall also have the power to commission Union Commissions of Investigation with the power to call any individual resident within the nation and any information located within the borders of the Union to review. | ||
| 58.3 | Senate Sessions | |
| Excepting a Union election year, every year there shall be four sessions of fixed days corresponding to equal divisions of the year whereby members of Parliament are summonsed to attend. | ||
| Each of these sessions shall be named for the season to which they correspond, namely Summer, Autumn, Winter and Spring Session. A day within a session when members of Parliament are summonsed to sit in Parliament shall be called a Sitting Session Day. | ||
| A day within a session when members of Parliament are not summonsed to sit in Parliament shall be called a Non-Sitting Session Day. | ||
| During a year in which a Union election is to be called, the Parliament shall not sit for the Spring session. Instead the last session of Parliament before it is dissolved shall be the Winter session. | ||
| 58.4 | Operation of Senate | |
| 1. Life of Parliament | ||
| Parliament shall exist for a fixed period of six (6) years before being dissolved ahead of Union Elections for a new Parliament. | ||
| 2. Prefect of the Senate (Senate Prefect) | ||
| Responsibility for good conduct and control of the Senate and the scheduling of business within the chamber shall be vested in the Office of Prefect of the Senate (Senate Prefect). | ||
| The Prefect of the Senate shall be an independent role, free from political party preferences. The candidate shall be elected by new senators themselves on the first day of sitting of Parliament following a Union Election. | ||
| 3. Senate session length | ||
| The total length of a Union Senate session shall be determined by the Senate Prefect and shall not be permitted to exceed 14 Sitting Session Days. | ||
| 4. Senate attendance | ||
| The Senate Prefect shall be responsible for the issuing of summons to individual Senators for their attendance to Parliament. | ||
| Excepting special leave granted by the Senate Prefect due to matters of Union security, health or extended personal matters, all Senators shall be required to attend the Sitting Session Days as listed in the summons. | ||
| Failure of a Senator to attend six (6) or more Session Sitting Days within one Session shall be deemed a failure to discharge the duties of their office and the Senate Prefect shall be responsible for immediately initiating an Senate Expulsion Motion or a Director Expulsion Motion should the Senator be a Union Director. | ||
| Union Directors and the Secretary-General shall be immune from any action for non-attendance breaches. | ||
| 5. Dissolution of Parliament | ||
| Parliament shall be dissolved every four years following that last day of the Winter Session for Parliament. | ||
| The instrument of dissolution shall be three writs issued by the President of the Union Council: | ||
| (1) To the Prefect of The Senate ordering the chamber to the house be sealed until a new Parliament is elected. | ||
| (2) To the Secretary-General ordering the government to institute caretaker provisions which forbids the appointment of any new positions, the announcement of any new projects or the commissioning of any new expenditure. | ||
| (3) To the Union director of the Union Election Commission requiring the commencement of Union Election provisions for the conduct of a Union Election to elect a new Executive Government and Parliament. | ||
| 6. Date of Union Election | ||
| The date of a Union election shall always occur within the Spring months, allowing 40 days prior to the date of the election for the official campaign period. | ||
| 7. Formation of new Parliament | ||
| The formation of a new Parliament shall occur within 14 days after the Union Election day following the count and verification of all votes. | ||
| The instrument of formation of a new Parliament shall be three declarations from the Union Director of the Union Election Commission: | ||
| (1) To each successful candidate for election to The Senate confirming their validity as the rightful representative of their constituency; | ||
| (2) To the successful candidates for election as members of the Union Council confirming their validity as the rightful executive to form government; | ||
| (3) To the caretaker Secretary-General that the election result has been verified and that writs to summons successful candidates to be sworn into Parliament and form the new Executive must now be issued. | ||
| Upon receipt of the declaration, the caretaker Secretary-General shall be required to issue writs within seven (7) days for the summonsing to Parliament of successful candidates to form the new Parliament and Executive. | ||
| 8. Quorum | ||
| The minimum number of members (quorum) required to be present within the Senate to permit the full exercise of its powers shall be one third the total number of members of that house. | ||
| Parliament shall not be permitted to undertake procedures that require a quorum if the total number of members in the Senate is not equal or greater to the quorum. | ||
| 9. Voting | ||
| Voting in The Senate shall be by open vote expressed as either Yes or No to the proposition before the chamber. | ||
| Voting shall always require a quorum and shall follow the standard procedures listed in this Charter. | ||
| Total votes shall be tallied as either Yes, or No to the proposition expressed by the Bill. A higher total number of Yes votes to No votes shall deem the Bill or proposition has been passed. A higher total number of No votes to Yes votes shall deem the Bill or proposition has been defeated. | ||
| The record, attendance and vote of all members of The Senate shall be recorded on the public record. | ||
| 10. Public record of proceedings | ||
| The sessions on the floor of The Senate shall be open for the public record with all speeches, debates, motions, votes and documents recorded in Hansard. | ||
| Furthermore, all committee meetings and special sessions of reviews shall also be open for the public record, except those proceedings voted and passed by both houses as being regular meetings of Union security. An expenditure related review may never be closed to public scrutiny. | ||
| 11. Legal privilege | ||
| During their Attendance at the Session of the Senate, and in going to and returning from the same, all member of Parliament shall be privileged from arrest except in matters of Treason, Felony and Breach of the Peace. Such privilege does not extend to their property or office which shall fall under the normal course of law and investigation and right to search by issued Warrant. | ||
| During debate in the Senate, all spoken and written material presented and entered into the Hansard of proceedings shall be privileged and immune from civil liability. | ||
| 58.5 | Legislative and Elections Code | |
| By this Charter a Legislative Code shall be formed. The Legislative Code shall provide a legal and functional framework for the good operation of local, regional Union and multi-Union parliaments, including (but not limited to) parliamentary practice, parliamentary procedure, precedence and resolution. | ||
| By this Charter an Elections Code shall be formed. The Elections Code shall provide a legal and functional framework for the good operation of free and fair local, regional Union and multi-Union elections, including (but not limited to) methods of voting, independence of vote count, ballot paper production, collection and security, candidate eligibility, party eligibility and conduct of election campaigns. | ||
| All existing and new laws providing for election function and operation shall be subject to inclusion in the Elections Code. | ||
| 58.6 | Senate Prefect as Living Ambassador of Legislative and Elections Laws | |
| By this Charter, the Senate Prefect holds an additional and unique honor and responsibility as the Living ambassador of the Legislative and Election laws of the Society. | ||
| The Senate Prefect represents the legal and living embodiment of these laws in person, such that any injury to these body of laws also represents an injury to the person, represented by living flesh and blood. | ||
| As ambassador and living representative of these laws, the Senate Prefect is bound to protect these laws from injury by their own actions or through any failure of due process or lack of respect of the law. | ||
| 58.7 | Formation of a Temporary Senate | |
| A temporary Senate is formed when approval is given to an application to form a Temporary Senate by one hundred and forty four (144) or more living members, subject to the following conditions: | ||
| (i) That no permanent Union Senate currently exists for the Oceanic Union Free Society; and | ||
| (ii) That at least three (3) temporary or permanent Assemblies exist at the time of making the application; and | ||
| (iii) That at least one (1) temporary or permanent State Congress exists at the time of making the application; and | ||
| (iv) That each member on the application is a current and valid member of the Oceanic Union Free Society; and | ||
| (v) That each member on the application has currently resided in the nation for not less than twelve (12) months; and | ||
| (vi) That none of the applicants have previously applied for the formation of a temporary Senate. | ||
| Approval of such an application shall be the responsibility of the temporary administrator. | ||
| A temporary Senate shall have the right to temporarily appointment of people to Union positions and responsibilities. However, the temporary Senate shall have limited power to undertake financial transactions for or on behalf of the Oceanic Union Free Society. | ||
| The approval term for a temporary Senate shall not exceed ten months, by which time the temporary Senate has instituted the correct conditions to become permanent, or be dissolved by the authority of this Covenant. | ||
| Upon approval of granting the creation of a temporary Union Senate, the temporary Union Senate must within ninety (90) days: | ||
| (i) Elect a temporary spokesperson from amongst the members of the nation as prime representative. This person cannot have the status of a President unless elected to such temporary position by three or more temporary and permanent Governors; and | ||
| (ii) Elect and appoint a temporary Union board to support the temporary spokesperson; and | ||
| (iii) Register with the appropriate Union government agencies for status as a non-profit charity including a copy of this Covenant, appropriate fees and member lists, board members and all other required documentation; and | ||
| (iv) Open a bank account with at least two signatories and provide this bank account to the temporary administrator; and | ||
| (v) Provide a copy of the registration papers of non-profit charity status. | ||
| If any of these items are failed to be actioned within ninety (90) days, by this Covenant the Supreme Council, or temporary administrator has the right to revoke the approval of the temporary Union Senate. | ||
| 58.8 | Formation of a permanent Union Senate | |
| Within three hundred and sixty (360) Days since the formation of a temporary Senate, permanency shall be granted to a temporary Senate providing the following conditions are met: | ||
| (i) That at least six permanent Assemblies exist; and | ||
| (ii) That combined Union membership now constitutes at least 360; and | ||
| (iii) That the Senate has held elections and elected a Union Board; and | ||
| (iv) That no action contravening this Covenant has occurred with the original applicants that would warrant an Internal investigation or their expulsion. | ||
| If any of these items are failed to be actioned by three hundred and sixty (360) Days since the formation of a temporary Senate, by this Covenant the Supreme Council, or temporary administrator has the right to revoke the approval of the temporary Union Senate. | ||
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