Article Index

Constitutional Provisions

111. The Parliament of a State may surrender any part of the State to the Commonwealth; and upon such surrender, and the acceptance thereof by the Commonwealth, such part of the State shall become subject to the exclusive jurisdiction of the Commonwealth.

Under this provision the Commonwealth has accepted the Australian Capital Territory from New South Wales, and the Northern Territory from South Australia. There was proposal by Isaac Nathan Steinberg that part of the Northern Territory with land in Western Australia be acquired as a Jewish homeland for up to 75,000 refugees from the Nazi Holocaust. Known as the  Kimberley Scheme, or Kimberley Plan, this had the support of the Western Australian government and the trade unions, but was opposed by The Bulletin which had led the 19th century movement to make Australia a white republic. The proposal was rejected by the Curtin government in 1944. Had it been successful, it would have reduced Jewish emigration in to the then Palestine, now Israel.

Chapter VI. New States.

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 the Parliament, as it thinks fit.

122. The Parliament may make laws for the government of any territory surrendered by any State to and accepted by the Commonwealth, or of any territory placed by the Queen under the authority of and accepted by the Commonwealth, or otherwise acquired by the Commonwealth, and may allow the representation of such territory in either House of the Parliament to the extent and on the terms which it thinks fit.

123. The Parliament of the Commonwealth may, with the consent of the Parliament of a State, and the approval of the majority of the electors of the State voting upon the question, increase, diminish, or otherwise alter the limits of the State, upon such terms and conditions as may be agreed on, and may, with the like consent, make provision respecting the effect and operation of any increase or diminution or alteration of territory in relation to any State affected.

124. A new State may be formed by separation of territory from a State, but only with the consent of the Parliament thereof, and a new State may be formed by the union of two or more States or parts of States, but only with the consent of the Parliaments of the States affected.

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