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The Australian Capital Territory (Self-Government) Act 1988 is an Act of the Parliament of Australia enacted on 6 December 1988, that establishes "a body politic under the Crown by the name of the Australian Capital Territory" and is the constitutional foundation of the Territory's government.
The ACT has internal self-government, but Australia's Constitution does not afford the territory government the full legislative independence provided to Australian states. Government for the Australian Capital Territory is outlined in Commonwealth legislation; the Australian Capital Territory (Self-Government) Act 1988. [6]
The Australian Capital Territory (ACT), known as the Federal Capital Territory until 1938, is an internal territory of Australia. Canberra, the capital city of Australia, is situated within the territory, and is the territory's primate city. It is located in southeastern Australian mainland as an enclave surrounded by the state of New South ...
Each state has its own constitution, [1] which serves as a foundational legal document to govern the state's legislative, executive, and judicial branches. These constitutions are separate from the Australian Constitution , which governs the federal government of Australia; and is also the relevant constitutional document for each of Australia ...
The Australian Constitution sets out a federal system of government. There exists a national legislature, with a power to pass laws of overriding force on a number of express topics. [ 3 ] The states are separate jurisdictions with their own system of courts and parliaments, and are vested with plenary power .
In 1911, New South Wales ceded to the Commonwealth what is now the Australian Capital Territory. Canberra was built within it and declared the national capital in 1913. Section 126 permits the governor-general to appoint deputies. Section 127 provided that "aboriginal natives" were not to be included in headcounts for electoral purposes.
The Senate has 76 members: twelve from each of the six states and two each from Australia's internal territories, the Australian Capital Territory and Northern Territory. Separation of powers is the principle the power of state should be shared between multiple bodies, in order to avoid the concentration of power in one entity. [ 6 ]
The usual interpretation of the territories power is that it is a plenary power which is not limited by other provisions in the Constitution, notably section 51.The High Court has revisited its interpretations of section 122 over the years leading to what David Mossop, a judge of the ACT Supreme Court, described as a lack of "a coherent body of doctrine" guiding interpretation of the section.