Research on the creation of a new State in Australia evidences conflicting views about the constitutional requirements for how an area presently forming part of an existing State could become a new State in the federation. The issue of the creation of new States is specifically dealt with in Chapter VI of the Constitution under four separate sections:
CHAPTER VI - NEW STATES.
New States may be admitted or established.
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.
Government of territories.
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.
Alteration of limits of States.
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.
Formation of new States.
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.
THE FORMATION OF A NEW NORTH QUEENSLAND STATE
NEW STATES IN AUSTRALIA
NORTH QLD Online-Handbook
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