FACT SHEET 2

How the Territory is not equal to the States

Law Making Powers

States are guaranteed broad powers under the Australian Constitution. The Northern Territory has no such powers apart from the powers given to it by the federal government in the Self Government Act which can be changed or repealed at any time in Canberra.

The Executive

The Administrator of the Northern Territory is appointed by the Governor General. State Governors are appointed by the Crown on the recommendation of a Premier. Executive authority of the Territory is limited and may be changed by the Commonwealth at any time.

National Referendum Questions

The Northern Territory is not counted for the purpose of determining whether a majority of States has been achieved for a referendum proposal.

Senate Representation

The Australian Constitution guarantees all the original states the same number of Senators in federal parliament. For example Tasmania as one of the original states has 12 senators which is equal to the number representing the most populous state, New South Wales.

In 1974, the Northern Territory was granted two Senate seats. This grant was twice unsuccessfully challenged by the States. There is no constitutional guarantee that the Territory will always retain two Senate seats or indeed any senate seats.

State Senators serve a term of six years. Territory Senators serve a term of three years.

House of Representatives Representation

There are 150 members of the House of Representatives. The Australian Constitution guarantees all original states at least five members of the Commonwealth House of Representatives (MHRs). Beyond this level, the number depends upon the population of the State. Tasmania has 5 Representatives whilst the most populous state, NSW, has 49.

The Northern Territory has two MHRs. The number of MHRs for the Northern Territory is based on population. There has been recent argument that the Territory may be returned to a situation of having just one MHR. There is no guarantee of any federal parliamentary representation for the Northern Territory.

Northern Territory Statehood Steering Committee

statehood@nt.gov.au