Leslie Massey
Australia is a country with six federated states and ten federal territories. The Northern Territory is one of the three internal territories, along with the Australian Capital Territory and the Jervis Bay Territory. While the Northern Territory has its own legislative assembly and exercises powers similar to those of the Australian states, it is not a state. In 1998, a referendum was held to decide whether the Northern Territory should become a state, but the majority voted against it. The Northern Territory has different rights and voting powers compared to the Australian states, and its laws can be federally overridden.
Is Northern Territory a state in Australia?
| Characteristics | Values |
|---|---|
| Status | Northern Territory is not a state, it is a federal territory of Australia |
| Governance | Governed directly by the Commonwealth of Australia; has its own legislative assembly and degree of self-governance |
| Representation | Represented in the Australian Parliament with two senators and two members in the House of Representatives |
| Size | Covers approximately 1,420,968 square kilometers, making it the third-largest Australian federal division |
| Population | As of 2022, the estimated population was 251,000, the least populous Australian division |
| Capital City | Darwin |
| Major Industries | Mining, tourism, and agriculture are key industries |
| Attractions | Known for its natural attractions, including Uluru (Ayers Rock), Kakadu National Park, and Litchfield National Park |
| Time Zone | Uses Australian Central Standard Time (ACST) |
| Currency | Australian Dollar (AUD) |
| GST Applicable | Yes, Goods and Services Tax (GST) applies in the Northern Territory |
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What You'll Learn
The Northern Territory is self-governing but not independent
Australia is a federation of six states: New South Wales, Queensland, South Australia, Tasmania, Victoria, and Western Australia. In addition to these states, Australia also has ten federal territories, three of which are internal territories: the Australian Capital Territory, the Jervis Bay Territory, and the Northern Territory on the Australian mainland.
The Northern Territory is a self-governing territory. The Northern Territory Self-Government Act was passed on July 1, 1978, allowing the Northern Territory to govern itself. It also gave the Northern Territory its own legislative assembly, allowing it to make its own decisions in most cases, similar to a state government. The Northern Territory Parliament is one of three unicameral parliaments in the country, based on the Westminster System.
However, the Northern Territory is not a state. It does not have the same rights as the six states of Australia. The law that established self-government for the Northern Territory reserved for the Commonwealth Parliament the right to overrule territory law. This means that any law made by the Northern Territory government can be federally overridden. For example, in 1995, the Northern Territory passed a law legalizing euthanasia, which was then nullified by the Commonwealth in 1997.
The Northern Territory has also faced limitations in other areas, such as voting power and representation. While the Northern Territory has representation in the Parliament and the Senate, it only has two senators, compared to the twelve senators that each state has. Additionally, the Northern Territory does not have the same voting power as the states in referendums.
In 1998, a referendum was held to decide whether the Northern Territory should become a state. However, the referendum resulted in a "no" vote, with 51.3% of Territorians voting against statehood. This decision was influenced by concerns about the lack of consultation and understanding of statehood, as well as potential impacts on Aboriginal land rights.
While the Northern Territory has a degree of self-government, it is not independent like the six states of Australia. It is subject to the authority of the Commonwealth Parliament and has limited voting power and representation.
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The Northern Territory has less voting power than the states
The Northern Territory is not a state, it's a territory. In 1911, the region became a federal territory, and the people living there lost their referendum voting rights. This means that, for most of Australia's history, territory voters haven't had a say in referendums at all.
The Northern Territory owes its powers of self-government to a Commonwealth law. The federal parliament can legislate for the territories and even override territory laws. For example, in 1997, the federal government nullified voluntary euthanasia laws that had been passed by the NT legislature.
The Australian Constitution requires that proposals for constitutional change be submitted to electors "in each State". Section 128 of the Constitution states that a proposal for constitutional amendment must obtain "a majority of all the electors voting" and a majority of electors "in a majority of the States". This is sometimes called a double majority.
If the votes of the territories were included when calculating both parts of the double majority, this would mean that a relatively small fraction of the population would have a very big say on whether the Constitution should be changed. The Northern Territory, for example, has a population of about 250,000 people.
In 1998, a referendum was held on whether the Northern Territory should become a state, which resulted in a "no" vote. The Northern Territory was offered three senators, rather than the twelve guaranteed to original states. This meant that a Territorian's vote for a senator would have been worth more than 30 such votes in New South Wales or Victoria.
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The Northern Territory's laws can be overridden by the Commonwealth
The Northern Territory is not one of Australia's six states but rather a self-governing territory. In 1978, the Northern Territory Self-Government Act was passed, allowing the territory to make its own decisions in most cases, much like a state government. However, the Commonwealth Parliament retains the right to overrule any territory laws.
This dynamic played out prominently when the Northern Territory legalised euthanasia in 1995, becoming the first state or territory in Australia to do so. The Commonwealth Government was not in favour of this law and wanted it repealed. Due to Section 122 of the Constitution, the Commonwealth was able to override the Northern Territory's law and nullify the euthanasia legislation in 1997. This section of the Constitution allows the Commonwealth Parliament to make laws for the government of any territory surrendered by a state to and accepted by the Commonwealth.
The Northern Territory's legislative assembly exercises powers similar to those of the parliaments of the states of Australia. However, these powers are derived from the legislated devolution of powers from the Commonwealth Government, not from any constitutional right. This distinction means that the Commonwealth can override the Northern Territory's laws.
The Northern Territory has agitated for full statehood on several occasions, with a referendum on the issue being held in 1998. The referendum resulted in a ''no' vote, with 51.3% of voters against the proposal. One of the concerns expressed by those who opposed statehood was the potential impact on Aboriginal land rights. Additionally, the Northern Territory would have only been offered three senators, compared to the twelve guaranteed to original states, which influenced the vote.
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The Northern Territory has fewer senators than the states
The Northern Territory is not a state, it's a self-governing territory. The Northern Territory was once part of South Australia but was surrendered to the Commonwealth in 1911. The Northern Territory Self-Government Act was passed in 1978, allowing the territory to govern itself. However, it is still not a state, and there are several differences between the rights and representation afforded to states and territories.
The smaller states wanted to ensure their voices would not be drowned out by the bigger states, and so it was agreed that each state would have the same number of senators, regardless of population size. Territories were not given representation in the Senate until 1975, and even then, it was the result of a highly contested bill. The number of senators for territories was set at two, while the number for states was increased to twelve in 1984.
The difference in Senate representation between territories and states has led to a disparity in decision-making influence. The Northern Territory, for example, receives the bulk of its funding from the Commonwealth and so retains some influence over territory decision-making. Additionally, any laws made by the Northern Territory government can be federally overridden by the Commonwealth Parliament. This was demonstrated in 1997 when the Commonwealth nullified the Northern Territory's euthanasia law.
The Northern Territory has had several opportunities to become a state, most notably in the 1998 referendum, but each time the vote has been rejected. The Northern Territory Legislative Assembly exercises powers similar to those of the state parliaments, but it does so through the legislated devolution of powers from the Commonwealth rather than through any constitutional right.
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The Northern Territory was once part of South Australia
The Northern Territory was administered by the South Australian government during this period. However, in 1911, the Northern Territory was separated from South Australia and transferred to federal control under the Commonwealth government. This was due to the South Australian government's decision to no longer be involved with the region. As a result, a border line was drawn, and the Northern Territory became a separate territory under the direct governance of the Commonwealth until 1978.
During its time under Commonwealth control, the Northern Territory faced challenges in infrastructure development, particularly regarding port and regional infrastructure. The region also witnessed civil unrest, with growing dissatisfaction among Territorians towards unrepresentative governments from southern Australia. This unrest culminated in the Darwin Rebellion, where over 1,000 men marched to Government House demanding "no taxation without representation".
In 1978, the Northern Territory Self-Government Act was passed, allowing the Northern Territory to have its own legislative assembly and make its own decisions, similar to a state government. However, despite celebrating over 40 years of self-government, the Northern Territory is not considered a state and remains a territory under the influence of the Commonwealth.
In 1998, a referendum was held to decide whether the Northern Territory should become a state, but it was rejected by a slim majority of 51.3%. The rejection was attributed to a lack of consultation and understanding of statehood, concerns about land rights, and distrust in the Territory government.
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Frequently asked questions
No, the Northern Territory is not a state, it's a territory.
The Northern Territory was once part of South Australia, but in 1911, the South Australian government decided to surrender the territory to the Commonwealth. While the Northern Territory gained self-governance in 1978, it is still not a state.
Each state in Australia has its own constitution and laws that are enshrined and protected by the Australian Constitution. Territories, on the other hand, have limited power granted to them by the Commonwealth, and their laws can be overridden by federal laws. Additionally, states have more senators than territories.
Yes, in 1998, a referendum was held in the Northern Territory to decide on statehood. However, the referendum resulted in a narrow 'no' vote, with 51.3% of voters rejecting the proposal.
The Northern Territory operates in a similar way to the states and has its own legislative assembly, allowing it to make decisions on most matters. It also has representation in the Australian Parliament and Senate. However, it lacks the full independence and constitutional status of a state.
