States and territories of Australia

States and territories of Australia
LocationAustralia
Number16 (6 states, 3 internal territories, and 7 external territories)
PopulationsSmallest state:
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Smallest territories:Largest territory:
AreasSmallest state:
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Subdivisions

The states and territories are the second level of government of Australia.[2] The states are partially sovereign, administrative divisions that are self-governing polities, having ceded some sovereign rights to the federal government.[3] They have their own constitutions, legislatures, executive governments, judiciaries and law enforcement agencies that administer and deliver public policies and programs. Territories can be autonomous and administer local policies and programs much like the states in practice, but are still legally subordinate to the federal government.[4]

Australia has six federated states: New South Wales (including Lord Howe Island), Queensland, South Australia, Tasmania (including Macquarie Island), Victoria, and Western Australia. Australia also has ten federal territories,[5] out of which three are internal territories: the Australian Capital Territory, the Jervis Bay Territory, and the Northern Territory[5] on the Australian mainland; and seven are external territories: the Ashmore and Cartier Islands, the Australian Antarctic Territory,[a] Christmas Island, the Cocos (Keeling) Islands, the Coral Sea Islands, Heard Island and McDonald Islands, and Norfolk Island[5] that are offshore dependent territories. Every state and internal territory (except the Jervis Bay Territory) is self-governing with its own independent executive government, legislative branch, and judicial system, while the rest only have local government status overseen by federal departments.[4][6]

State and territory governments may 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 Parliament can override 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.[7][8] While all states and internal territories have their own judicial system (subject to appeal to the High Court), most external territories are subject to the judiciary and legislature of either a state or internal territory.[6] Excluding the Heard Island and McDonald Islands and the Australian Antarctic Territory (which are governed by the Department of Climate Change, Energy, the Environment and Water), the external territories are governed by the federal Department of Infrastructure, Transport, Regional Development, Communications and the Arts.[9] Norfolk Island had its own legislature from 1979 to 2015.[10]

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.

  1. ^ Antarctic Territory claims and The Antarctic Treaty System
  2. ^ Cite error: The named reference parl was invoked but never defined (see the help page).
  3. ^ Twomey, Anne (January 2008). "The States, the Commonwealth and the Crown: The Battle for Sovereignty". Parliament of Australia. Retrieved 12 November 2023.
  4. ^ a b "What's the difference between a territory and a state parliament?". Parliamentary Education Office. Retrieved 30 June 2024.
  5. ^ a b c Section 2B, Acts Interpretation Act 1901
  6. ^ a b "10. External territories". Australian Law Reform Commission. 15 July 2010. Retrieved 4 January 2024.
  7. ^ "Court System in Western Australia". www.supremecourt.wa.gov.au. Retrieved 1 July 2024.
  8. ^ "Chapter III. The Judicature". Parliament of Australia. Retrieved 1 July 2024.
  9. ^ "Territories of Australia". Department of Infrastructure, Transport, Regional Development and Communications. Archived from the original on 9 February 2021. Retrieved 29 January 2021.
  10. ^ Cite error: The named reference norfolk was invoked but never defined (see the help page).
  11. ^ "Why Isn't the Northern Territory a State?". www.abc.net.au. 31 January 2023. Retrieved 30 June 2024.
  12. ^ "Territory Representation in the Commonwealth Parliament" (PDF). aph.gov.au. Retrieved 15 August 2024.
  13. ^ "Representation of Commonwealth Territories in the Senate". Parliament of Australia. Retrieved 30 June 2024.


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