State and territory governments have executive authority to legislate on matters concerning their citizens, subject to the limits of the federal constitution (notably section 51 and section 109). Each state and internal territory (except Jervis Bay Territory) has its own legislature, although the federal government can override any territorial legislation. The federal High Court of Australia acts as a final court of appeal for all matters and has the authority to override any state judiciary. While all states and internal territories have their own judicial system, which is subject to appeal to the High Court, most external territories are subject to the judiciary and legislature of either a state or internal territory. Excluding the Heard Island and McDonald Islands and the Australian Antarctic Territory (which are governed by the Department of Agriculture, Water and the Environment), the external territories are governed by the federal Department of Infrastructure, Transport, Regional Development and Communications.[2] Norfolk Island had its own legislature from 1979 to 2015.[3]
Each state of Australia is a successor to historical British colonies, and each has its own state or territorial constitution. The Australian Capital Territory (ACT) and Northern Territory for the most part operate indistinguishably from the states, even though they do not have constitutional status as states, and territorial legislations can be overridden.
At Federation in 1901, what is now the Northern Territory was within South Australia, what are now the Australian Capital Territory and Jervis Bay Territory were within New South Wales, and Coral Sea Islands was part of Queensland. Ashmore and Cartier Islands was accepted by Australia in 1934[4] and was annexed to the Northern Territory prior to adoption of the Statute of Westminster in 1942, deemed effective from 1939; it has thus become part of Australia.
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.[12]
The Cocos (Keeling) Islands voted for integration in 1984. Together with Christmas Island, these two territories comprise the Australian Indian Ocean Territories. Commonwealth laws apply automatically to the territories unless expressly stated otherwise[13] 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.[14]
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.[3]
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.
Former territories
Internal
Two internal territories established by the Australian federal government under Section 122 of the Constitution of Australia no longer exist:
North Australia (1926–1931), consisting of the area of the current Northern Territory north of the 20th parallel south[25]
External
Two present-day Oceanic countries, Papua New Guinea (PNG) and Nauru, were administered by the federal government of Australia as de facto or de jure external territories for differing periods between 1902 and 1975.
Following World War II, the Papua and New Guinea Act 1949 placed the Territory of New Guinea in an "administrative union" with the Territory of Papua, and the combined Territory 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 Australian Bureau of Statistics' (ABS) Australian Statistical Geography Standard describes several main statistical divisions of Australia:
Mesh Block (MB) – the smallest area of division, MBs are rarely used for statistics and represent 30–60 dwellings, though some have no population or development. They are conventionally used as a way to ensure confidentiality of responses.
Statistical Area Level 1 (SA1) – SA1s are small areas of 200–800 people and are used to balance spatial detail and cross comparison in the Census of Population and Housing.
Statistical Area Level 2 (SA2) – SA2s are designed to represent financial and social interactions, such as a suburb or neighbourhood of 3,000–25,000 people (averaging at 10,000) and is often the smallest division used in statistical releases.
Statistical Area Level 3 (SA3) – SA3s are regional representations of local communities, generally containing similar characteristics, administrative boundaries, and labour markets, each having 30,000–130,000 people.
Statistical Area Level 4 (SA4) – SA4s are broader representations of labour forces in population centres, with 100,000–300,000 people in regional areas and 300,000–500,000 in metropolitan areas.
States and Territories
The ABS also defines other divisions such as the Greater Capital City Statistical Area Structure, Significant Urban Area Structure, Remoteness Structure, and Indigenous Structure. Other non-ABS divisions include Local Government Areas, Postal Areas, electoral divisions, and tourism regions.[35]
The legislative powers of the states are protected by the Australian constitution, section 107, and under the principle of federalism, Commonwealth legislation only applies to the states where permitted by the constitution. The territories, by contrast, are from a constitutional perspective directly subject to the Commonwealth government; laws for territories are determined by the Australian Parliament.[37]
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. 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. 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 a governor, appointed by the monarch (currently King Charles III), which by convention he does on the advice of the state premier. The Administrator of the Northern Territory, by contrast, is appointed by the governor-general. The Australian Capital Territory has neither a governor nor an administrator, but the governor-general exercises some powers that in other jurisdictions are exercised by the governor of a state or administrator of a territory, such as the power to dissolve the Legislative Assembly.
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 the Jervis Bay Territory Acceptance Act 1915,[38] 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.[39] 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 the Parliament of Australia as part of the Electoral Division of Fenner (named the Division 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.[40]
The external territory of Norfolk Island possessed a degree of self-government from 1979 until 2015.
Each state has a bicameral parliament, except Queensland, which abolished its upper house in 1922. 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 use proportional representation for elections to its lower house; all others elect members from single member constituencies, using preferential voting. The upper house is called the "legislative council" and is generally elected from multi-member constituencies using proportional representation. The three self-governing territories, the ACT, the Northern Territory, and Norfolk Island, each have unicameral legislative assemblies.
The head of government of each state is called the "premier", appointed by the state's governor. 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 of constitutional crisis, the governor can appoint someone else as premier. 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 term interstate 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,[41] travel,[42] applications to educational institutions out of one's home state.[43]
1788 – British Empire establishes the Colony 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 of Van Diemen's Land. New South Wales extends its borders further west in mainland Australia.
1829 – The British Empire establishes the Swan River Colony in western mainland Australia.
1832 – Swan River Colony is renamed the "colony of Western Australia".
1841 – The islands of New Zealand become the independent colony of New Zealand. Much of eastern Antarctica is annexed by Britain as Victoria 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.
1851 – Southeastern mainland Australia becomes the independent colony of Victoria.
1856 – Van Diemen's Land is renamed the colony 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.
1857 – Much of southern central mainland Australia becomes the independent colony of South Australia. The Cocos (Keeling) Islands are annexed by Britain.
1859 – Northeastern mainland Australia and Coral Sea Islands become the independent colony 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 independent Territory of Papua.
1886 – The Cocos (Keeling) Islands are to be administered by the same governor as the Straits 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 the Northern Territory. A small pocket of New South Wales around the city of Canberra is transferred to the federal government (who are seated within it), creating the Federal Capital Territory.
1913 – New South Wales transfers Norfolk Island to the federal government, making it a federal external territory.
1915 – A small pocket of New South Wales around Jervis 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 and Central Australia.
1930 – The remaining territory in eastern Antarctica is annexed by Britain as Enderby Land.
1931 – North Australia and Central Australia are reincorporated as the Northern Territory. Britain recognises Australia as possessors of the uninhabited Ashmore and Cartier Islands, making them an external federal territory.
1933 – Britain transfers Victoria Land and Enderby Land to Australia, creating the Australian Antarctic Territory, with ongoing limited international recognition.
1942 – The Japanese Empire conquers Nauru from Australia, Britain and New Zealand as part of World War II. Japan also conquers much of the Straits Settlements, including Christmas Island. The Cocos (Keeling) Islands are not conquered and are transferred to the Colony 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 the Colony of Singapore. The Cocos (Keeling) Islands are also transferred to Singapore.
1949 – Papua and New Guinea are incorporated into the singular Territory 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 – The Republic 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 the Jervis Bay Territory.
2015 – Norfolk Island loses self-government with full Commonwealth control.
^The abbreviation MP is an acceptable, and indeed more common, term for members of each lower house.
^Between 1979 and 2015 Norfolk Island was a self-governing external territory with its own legislature, the Norfolk Legislative Assembly, until this was abolished by the Commonwealth Parliament.
Politics
Map showing the jurisdictions of Australia and their governing political parties as of March 2023.
^ abcdThis is used for some PO box and large users only.
^ abSome exceptions apply to numbers in this state's number range.
^The state of New South Wales observes Australian Eastern Standard Time except for Broken 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. Retrieved 29 January 2021.((cite web)): CS1 maint: url-status (link)
^ abLing, Ted. "Dividing the Territory, 1926–31". Commonwealth Government Records about the Northern Territory. National Archives of Australia. Retrieved 28 September 2018.
^"Jervis Bay Territory Governance and Administration". The Department of Regional Australia, Local Government, Arts and Sport. Retrieved 17 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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