Each state is a successor to historical British colonies, and each has its own constitution. The Australian Capital Territory (ACT) and Northern 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) 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[25] 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.[26]
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by the Norfolk Island Legislative Assembly while it existed from 1979 to 2015 remain in effect unless modified or repealed by the federal government.[38]
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[39]
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 states originated as separate British colonies prior to Federation in 1901.[2] The Colony of New South Wales was founded in 1788 and originally comprised much of the Australian mainland, as well as Lord Howe Island, New Zealand, Norfolk Island, and Van 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 the Colony of Tasmania (initially established as a separate colony named Van Diemen's Land in 1825), the Colony of Western Australia (initially established as the smaller Swan River Colony in 1829), the Province of South Australia (1836), the Colony of New Zealand (1840),[48] the Victoria Colony (1851) and the Colony 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 the Australian constitution, section 107,[49] 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.[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 a governor, appointed by the monarch (currently King Charles III), which by convention he does on the advice of the state premier.[50] The Administrator of the Northern Territory, by contrast, is appointed by the governor-general.[51] The Australian Capital Territory has neither a governor nor an administrator. Instead, since the enacted of the Australian 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 the chief minister.[52]
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,[53] 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.[54] 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.[55]
The external territory of Norfolk Island possessed a degree of self-government from 1979 until 2015.[10]
Each state has a bicameral parliament, except Queensland, which abolished its upper house in 1922.[56][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 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. Along with Queensland, the three self-governing territories, the ACT, the Northern Territory, and Norfolk Island, each have unicameral 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.[57] 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.[57] 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,[58] travel,[59] applications to educational institutions out of one's home state.[60]
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 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, the Norfolk Island Legislative Assembly, until this was abolished by the Commonwealth Parliament.
Politics
Map showing the jurisdictions of Australia and their governing political parties as of October 2024.
1 2 3 4 This is used for some PO box and large users only.
1 2 Some 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.
1 2 3 A number of broadcast stations in the ACT have call signs allocated as if ACT were part of New South Wales.
This is an overview of the postage stamps and postal history of Australia, encompassing some history of the Australian colonies and the main stamp issues that followed their federation in 1901, as well as later issues, and also a precis of the stamps of the external territories.
The title Administrator of the government (Administrator) has several uses in Australia.
The parliaments of the Australian states and territories are legislative bodies within the federal framework of the Commonwealth of Australia.
The Territory of Papua comprised the southeastern quarter of the island of New Guinea from 1883 to 1975. In 1883, the Government of Queensland annexed this territory for the British Empire. The United Kingdom Government refused to ratify the annexation but in 1884 a protectorate was proclaimed over the territory, then called British New Guinea. There is a certain ambiguity about the exact date on which the entire territory was annexed by the British. The Papua Act 1905 recites that this happened "on or about" 4 September 1888. On 18 March 1902, the Territory was placed under the authority of the Commonwealth of Australia. Resolutions of acceptance were passed by the Commonwealth Parliament, which accepted the territory under the name of Papua.
Electorates of the Australian House of Representatives are single member electoral districts for the lower house of the Parliament of the Commonwealth. There are currently 151 electorates.
The Australian migration zone is a legal device created by the Australian Government for the purpose of Australia's visa policy and immigration policy, as the territory in which Australia's visa policy applies. The Australian migration zone covers such Australian controlled territories as the government may determine. Prior to 2001, the Australian migration zone consisted of the mainland, as well as some external territories. Norfolk Island, for example, was not part of the Australian migration zone until 2016. Under Australia’s universal visa policy, a non-citizen must hold an Australian visa within the Australian migration zone. Without such a visa, or a bridging visa, the non-citizen is an unlawful non-citizen and treated as an "unauthorised arrival". However, the main effect of the migration zone is that unauthorised arrivals outside the zone have very limited access for review by Australian courts.
Since the 19th century, there have been proposals for the creation or incorporation of new states of Australia. Chapter VI of the Constitution of Australia provides for the admission of new states to the federation. Proposals have included admitting territories to statehood, admitting independent countries, and forming new states from parts of existing states. However, no new states have been added since the federation of six former British self-governing colonies in 1901, as states of the new Commonwealth of Australia.
Federalism was adopted, as a constitutional principle, in Australia on 1 January 1901 – the date upon which the six self-governing Australian Colonies of New South Wales, Queensland, South Australia, Tasmania, Victoria, and Western Australia federated, formally constituting the Commonwealth of Australia. It remains a federation of those six original States under the Constitution of Australia.
Australian nationality law details the conditions by which a person is a national of Australia. The primary law governing nationality regulations is the Australian Citizenship Act 2007, which came into force on 1 July 2007 and is applicable in all states and territories of Australia.
Australia uses three main time zones: Australian Eastern Standard Time, Australian Central Standard Time and Australian Western Standard Time.
The criminal law of Australia is the body of law in Australia that relates to crime.
A Government House is any residence used by governors-general, governors and lieutenant-governors in the Commonwealth and the British Empire. Government Houses serve as the venue for governors' official business, as well as the many receptions and functions hosted by the occupant. Sometimes, the term Government House is used as a metonym for the governor or his office.
The first colonies of the British Empire on the continent of Australia were the penal colony of New South Wales, founded in 1788, and the Swan River Colony, founded in 1829. Over the next few decades, the colonies of New Zealand, Queensland, South Australia, Van Diemen's Land, and Victoria were created from New South Wales, as well as an aborted Colony of North Australia. On 1 January 1901, these colonies, excepting New Zealand, became states in the Commonwealth of Australia. Since federation, the internal borders have remained mostly stable, except for the creation of some territories with limited self-government: the Northern Territory from South Australia, to govern the vast, sparsely populated centre of the country; the split of the Northern Territory into Central Australia and North Australia, and then the quick merger of those back into the Northern Territory; and the Australian Capital Territory, a federal district ceded from New South Wales.
Capital punishment in Australia has been abolished in all jurisdictions since 1985. Queensland abolished the death penalty in 1922. Tasmania did the same in 1968. The Commonwealth abolished the death penalty in 1973, with application also in the Australian Capital Territory and the Northern Territory. Victoria did so in 1975, South Australia in 1976, and Western Australia in 1984. New South Wales abolished the death penalty for murder in 1955, and for all crimes in 1985. In 2010, the Commonwealth Parliament passed legislation prohibiting the re-establishment of capital punishment by any state or territory. Australian law prohibits the extradition or deportation of a prisoner to another jurisdiction if they could be sentenced to death for any crime.
This outline of Australia is an overview of and topical guide to various aspects of the country of Australia:
There are six monarchies in Oceania with an individual hereditary monarch, who is recognised as the head of state. Each is a constitutional monarchy: the sovereign inherits his or her office, usually keeps it until death or abdication, but is bound by laws and customs in the exercise of their powers. Five of these independent states share King Charles III as their head of state, making them part of a global grouping known as the Commonwealth realms; in addition, all monarchies of Oceania are members of the Commonwealth of Nations. The only sovereign monarchy in Oceania that does not share a monarch with another state is Tonga. Australia and New Zealand have dependencies within the region and outside it, although five non-sovereign constituent monarchs are recognized by New Zealand, Papua New Guinea and France.
Prostitution in Oceania varies greatly across the region. In American Samoa, for instance, prostitution is illegal, whereas in New Zealand most aspects of the trade are decriminalised.
Mainland Australia is the main landmass of the Australian continent, excluding the Aru Islands, New Guinea, Tasmania, and other Australian offshore islands. The landmass also constitutes the mainland of the territory governed by the Commonwealth of Australia, and the term, along with continental Australia, can be used in a geographic sense to exclude surrounding continental islands and external territories. Generally, the term is applied to the states of New South Wales, Queensland, South Australia, Victoria, and Western Australia, as well as the Australian Capital Territory, Jervis Bay Territory, and Northern Territory.
↑ "Territories of Australia". Department of Infrastructure, Transport, Regional Development and Communications. Archived from the original on 9 February 2021. Retrieved 29 January 2021.
1 2 Ling, 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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