Each state is a successor to a historicalBritish colony, and each has its own constitution. TheAustralian Capital Territory (ACT) andNorthern Territory[11] for the most part operate indistinguishably from the states (for example, both have representation in the Parliament since 1948 and in the Senate since 1975),[12][13] even though they do not have constitutional status as states and territorial legislation can be overridden.
Each external territory is regulated by an Act of the federal Parliament. These Acts contain the majority of provisions determining the legal and political structure applying in that external territory. Under s 122 of the Australian Constitution the federal Parliament has plenary power to make laws for all territories including all external territories.[24]The Cocos (Keeling) Islandsvoted for integration in 1984. Together with Christmas Island, these two territories comprise theAustralian Indian Ocean Territories. Commonwealth laws apply automatically to the territories unless expressly stated otherwise[6] and residents of both external territories are associated with Northern Territory for federal elections. They are, thus, constitutionally part of Australia.
The Heard Island and McDonald Islands, although uninhabited, are treated as constitutionally part of Australia by the central government.[25]
Norfolk Island's status is controversial, with the present (as of 2018[update]) government taking measures to integrate the territory into Australia proper (including representation in parliament and compulsory voting). The Norfolk Islanders have not formally consented to this change in constitutional status and assert that they are not Australian.[10]
a) Residents of the territory are not represented in the parliament or assembly that makes these laws, or in the government that appoints judges to these courts.
b) Laws passed by theNorfolk Island Legislative Assembly while it existed from 1979 to 2015 remain in effect unless modified or repealed by the federal government.[37]
Two present-dayOceanic countries,Papua New Guinea (PNG) andNauru, were administered by the federal government of Australia asde facto orde jure external territories for differing periods between 1902 and 1975.
FollowingWorld War II, thePapua and New Guinea Act 1949 placed the Territory of New Guinea in an "administrative union" with the Territory of Papua, and the combinedTerritory of Papua and New Guinea was created. However, both territories remained technically distinct for some administrative and legal purposes, until 1975, when the combined entity eventually was given independence as Papua New Guinea.
The states originated as separateBritish colonies prior toFederation in 1901.[2] TheColony of New South Wales was founded in 1788 and originally comprised much of the Australian mainland, as well asLord Howe Island,New Zealand,Norfolk Island, andVan Diemen's Land, in addition to the area currently referred to as the state of New South Wales. During the 19th century, large areas were successively separated to form theColony of Tasmania (initially established as a separate colony namedVan Diemen's Land in 1825), theColony of Western Australia (initially established as the smallerSwan River Colony in 1829), theProvince of South Australia (1836), theColony of New Zealand (1840),[47] theVictoria Colony (1851) and theColony of Queensland (1859). Upon federation, the six colonies of New South Wales, Victoria, Queensland, South Australia, Western Australia, and Tasmania became the founding states of the new Commonwealth of Australia. The two territory governments (the Australian Capital Territory [ACT] and the Northern Territory [NT]), were created by legislation of the Federal Parliament—the NT in 1978 and the ACT in 1988.[2]
The legislative powers of the states are protected by theAustralian constitution, section 107,[48] and under the principle offederalism, Commonwealth legislation only applies to the states where permitted by the constitution. The territories, by contrast, are from a constitutional perspective directly subject to theCommonwealth government; laws for territories are determined by the Australian Parliament.[24]
Most of the territories are directly administered by the Commonwealth government, while two (the Northern Territory and the Australian Capital Territory) have some degree of self-government although less than that of the states.[4] In the self-governing territories, the Australian Parliament retains the full power to legislate, and can override laws made by the territorial institutions, which it has done on rare occasions.[4] For the purposes of Australian (and joint Australia-New Zealand) intergovernmental bodies, the Northern Territory and the Australian Capital Territory are treated as if they were states.
Each state has agovernor, appointed bythe monarch (currently KingCharles III), which by convention he does on the advice of the state premier.[49] The Administrator of the Northern Territory, by contrast, is appointed by thegovernor-general.[50] The Australian Capital Territory has neither a governor nor an administrator. Instead, since the enacted of theAustralian Capital Territory (Self-Government) Act 1988 (Cth), the functions of the head of the Executive – commissioning government, proroguing parliament and enacting legislation – are exercised by the Assembly itself and by thechief minister.[51]
Jervis Bay Territory is the only non-self-governing internal territory. Until 1989, it was administered as if it were a part of the ACT, although it has always been a separate territory. Under the terms of theJervis Bay Territory Acceptance Act 1915,[52] the laws of the ACT apply to the Jervis Bay Territory insofar as they are applicable and providing they are not inconsistent with an ordinance.[53] Although residents of the Jervis Bay Territory are generally subject to laws made by the ACT Legislative Assembly, they are not represented in the assembly. They are represented in theParliament of Australia as part of the ElectoralDivision of Fenner (named theDivision of Fraser until 2016) in the ACT and by the ACT's two senators. In other respects, the territory is administered directly by the Federal Government through the Territories portfolio.[54]
The external territory ofNorfolk Island possessed a degree of self-government from 1979 until 2015.[10]
Each state has abicameral parliament, except Queensland, which abolished its upper house in 1922.[55][2] The lower house is called the "legislative assembly", except in South Australia and Tasmania, where it is called the "house of assembly". Tasmania is the only state to useproportional representation for elections to its lower house; all others elect members from single member constituencies, usingpreferential voting. The upper house is called the "legislative council" and is generally elected from multi-member constituencies using proportional representation. Along with Queensland, the three self-governing territories, the ACT, the Northern Territory, and Norfolk Island, each haveunicameral legislative assemblies.[2] The legislative assembly for the ACT is the only parliament with responsibility for both state/territory and local government functions.[2]
The head of government of each state is called the "premier", appointed by the state's governor.[56] In normal circumstances, the governor will appoint as premier whoever leads the party or coalition which exercises control of the lower house (in the case of Queensland, the only house) of the state parliament. However, in times ofconstitutional crisis, the governor can appoint someone else as premier.[56] The head of government of the self-governing internal territories is called the "chief minister". The Northern Territory's chief minister, in normal circumstances whoever controls the legislative assembly, is appointed by the administrator.
The terminterstate is used within Australia to refer to a number of events, transactions, registrations, travel, etc. which occurs across borders or outside of the particular state or territory of the user of the term. Examples of use include motor vehicle registration,[57] travel,[58] applications to educational institutions out of one's home state.[59]
1788 –British Empire establishes theColony of New South Wales across central and eastern mainland Australia, the island of Tasmania, both islands of New Zealand and Norfolk Island.
1825 – The island of Tasmania becomes the independent colony ofVan Diemen's Land. New South Wales extends its borders further west in mainland Australia.
1829 – The British Empire establishes theSwan River Colony in western mainland Australia.
1832 – Swan River Colony is renamed the "colony ofWestern Australia".
1841 – The islands of New Zealand become the independentcolony of New Zealand. Much of eastern Antarctica is annexed by Britain asVictoria Land.
1844 – New South Wales transfers Norfolk Island to Van Diemen's Land.
1846 – Northern central and eastern Australia briefly become the independent Colony of North Australia, then are returned to New South Wales.Map of Australia, 1851
1851 – Southeastern mainland Australia becomes the independent colony ofVictoria.
1856 – Van Diemen's Land is renamed thecolony of Tasmania. Norfolk Island becomes the independent colony of Norfolk Island, however it is to be administered by the same governor as New South Wales.
1859 – Northeastern mainland Australia and Coral Sea Islands become the independentcolony of Queensland.
1860 – A pocket of New South Wales territory remaining in southern central mainland Australia is transferred to South Australia.
1862 – Some of New South Wales' northern central mainland Australian territory is transferred to Queensland.
1863 – New South Wales' remaining northern central mainland Australian territory is transferred to South Australia.
1878 – Britain annexes Ashmore Island.
1883 – Queensland annexes southeastern New Guinea.
1884 – Southeastern New Guinea becomes the independentTerritory of Papua.
1886 – The Cocos (Keeling) Islands are to be administered by the same governor as theStraits Settlements.
1888 –Christmas Island is annexed by Britain and incorporated into the Straits Settlements.
1897 – Norfolk Island is officially reintegrated into New South Wales.
1901 – New South Wales, Queensland, Tasmania, Western Australia, Victoria and South Australia federate into the Commonwealth of Australia. Queensland transfers the Coral Sea Islands to the federal government, creating a federal external territory.
1902 – Britain transfers Papua to Australia as an external territory.
1903 – The Cocos (Keeling) Islands are incorporated into the Straits Settlements.
1911 – The state of South Australia transfers control of northern central mainland Australia to the federal government, creating theNorthern Territory. A small pocket of New South Wales around the city ofCanberra is transferred to the federal government (who are seated within it), creating the Federal Capital Territory.
1913 – New South Wales transfersNorfolk Island to the federal government, making it a federal external territory.
1915 – A small pocket of New South Wales aroundJervis Bay is transferred to the federal government and incorporated into the Federal Capital Territory.
1923 – Another conquered German territory, the island of Nauru, is established as an Australian mandate and external territory by the League of Nations, this time as a co-mandate with Britain and New Zealand.
1927 – The Northern Territory is split into two territories – North Australia andCentral Australia.
1930 – The remaining territory in eastern Antarctica is annexed by Britain asEnderby Land.
1931 – North Australia and Central Australia are reincorporated as the Northern Territory. Britain recognises Australia as possessors of the uninhabitedAshmore and Cartier Islands, making them an external federal territory.
1933 – Britain transfers Victoria Land and Enderby Land to Australia, creating theAustralian Antarctic Territory, with ongoing limited international recognition.
1942 – TheJapanese Empire conquers Nauru from Australia, Britain and New Zealand as part ofWorld War II. Japan also conquers much of the Straits Settlements, including Christmas Island. The Cocos (Keeling) Islands are not conquered and are transferred to theColony of Ceylon.
1946 – The United Nations, the successor to the League of Nations, renews its mandate of New Guinea to Australia.
1947 – Following the defeat of Japan in World War II, the United Nations returns Nauru to Australia, Britain and New Zealand as a joint mandate. Christmas Island returns to Britain and is incorporated into theColony of Singapore. The Cocos (Keeling) Islands are also transferred to Singapore.
1949 – Papua and New Guinea are incorporated into the singularTerritory of Papua and New Guinea. Britain transfers Heard Island and the McDonald Islands to Australia, creating a federal external territory.
1955 – Britain transfers the Cocos (Keeling) Islands to Australia, they become an external territory.
1958 – Britain transfers Christmas Island to Australia, it becomes an external territory.
1966 – TheRepublic of Nauru is established, ending Australian-British-New Zealander control of the island.
1978 – Northern Territory gains self-government with certain Commonwealth control.
1979 – Norfolk Island gains self-government with certain Commonwealth control.
1989 – The Australian Capital Territory gains self-government with certain Commonwealth control. Jervis Bay becomes independent of the ACT, becoming theJervis Bay Territory.
2015 – Norfolk Island loses self-government with full Commonwealth control.
^The abbreviations MLA and MHA were previously the acceptable term for members of lower houses in states that now use MP.
^Between 1979 and 2015 Norfolk Island was a self-governing external territory with its own legislature, theNorfolk Island Legislative Assembly, until this was abolished by the Commonwealth Parliament.
^abcdThis is used for some PO box and large users only.
^abSome exceptions apply to numbers in this state'snumber range.
^The state of New South Wales observes Australian Eastern Standard Time except forBroken Hill and the surrounding region, which observes Australian Central Standard Time and Lord Howe Island which is 30 minutes ahead of Australian Eastern Standard Time.
^Broken Hill and surrounding region observe Australian Central Summer Time. Lord Howe Island adopts Australian Eastern Summer Time.
^abcA number of broadcast stations in the ACT have call signs allocated as if ACT were part of New South Wales.
^"Territories of Australia".Department of Infrastructure, Transport, Regional Development and Communications.Archived from the original on 9 February 2021. Retrieved29 January 2021.
^abLing, Ted."Dividing the Territory, 1926–31".Commonwealth Government Records about the Northern Territory. National Archives of Australia. Retrieved28 September 2018.
^"Jervis Bay Territory Governance and Administration". The Department of Regional Australia, Local Government, Arts and Sport. Retrieved17 January 2013.Although the Jervis Bay Territory is not part of the Australian Capital Territory, the laws of the ACT apply, insofar as they are applicable and, providing they are not inconsistent with an Ordinance, in the Territory by virtue of the 'Jervis Bay Acceptance Act 1915'
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