Comment on NT statehood soon? I don’t think so. by JC.
An interesting article.
I don’t think, though, Mr Gerristsen’s point about the ‘Territory State’ being established by an Act of Parliament is right.
It is the Constitution that provides for this (section 121: ‘The Parliament may admit to the Commonwealth or establish new states, and may upon such admission or establishment make or impose such terms and conditions, including the extent of representation in either house of Parliament, as it thinks fit.)
According to one view the Commonwealth can impose terms and conditions prior to admission but will then be limited to the powers it has with other states (under s 51).
This would mean that even if a Commonwealth Act was needed to provide the detail around establishing the State the power to make this law would arise from section 121 of the Constitution and this power would be exhausted from the time the State came in to being. It wouldn’t be able to be amended then because there wouldn’t be a head of power to do so, I wouldn’t think.
The power by the Commonwealth to override the Euthanasia law that Mr Gerritsen mentions is a direct consequence of being a Territory rather than a State so wouldn’t be relevant. The power the Commonwealth has to make laws in Territories is almost unlimited (under section 122). Whereas in States the power must be expressly provided for under s 51.
