States and territories

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Australia has six states — New South Wales (NSW), Queensland (QLD), South Australia (SA), Tasmania (TAS), Victoria (VIC) and Western Australia (WA) — and three mainland territories—the Australian Capital Territory (ACT), the Northern Territory (NT), and the Jervis Bay Territory (JBT). In most respects, the ACT and NT function as states, except that the Commonwealth Parliament has the power to modify or repeal any legislation passed by the territory parliaments.


Under the constitution, the states essentially have plenary legislative power to legislate on any subject, whereas the Commonwealth (federal) Parliament may legislate only within the subject areas enumerated under section 51. For example, state parliaments have the power to legislate with respect to education, criminal law and state police, health, transport, and local government, but the Commonwealth Parliament does not have any specific power to legislate in these areas. However, Commonwealth laws prevail over state laws to the extent of the inconsistency.


Each state and major mainland territory has its own parliament — unicameral in the Northern Territory, the ACT and Queensland, and bicameral in the other states. The states are sovereign entities, although subject to certain powers of the Commonwealth as defined by the Constitution. The lower houses are known as the Legislative Assembly (the House of Assembly in South Australia and Tasmania); the upper houses are known as the Legislative Council. The head of the government in each state is the Premier and in each territory the Chief Minister. The King is represented in each state by a governor; and in the Northern Territory, the administrator. In the Commonwealth, the King's representative is the governor-general.


The Commonwealth Parliament also directly administers the external territories of Ashmore and Cartier Islands, Christmas Island, the Cocos (Keeling) Islands, the Coral Sea Islands, Heard Island and McDonald Islands, and the claimed region of Australian Antarctic Territory, as well as the internal Jervis Bay Territory, a naval base and sea port for the national capital in land that was formerly part of New South Wales. The external territory of Norfolk Island previously exercised considerable autonomy under the Norfolk Island Act 1979 through its own legislative assembly and an Administrator to represent the monarch. In 2015, the Commonwealth Parliament abolished self-government, integrating Norfolk Island into the Australian tax and welfare systems and replacing its legislative assembly with a council. Macquarie Island is part of Tasmania, and Lord Howe Island of New South Wales.


A map of Australia's states and territories


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