1. THE FORMATION OF A NEW NORTH QUEENSLAND STATE: THE CONSTITUTIONAL ISSUES AND PROCEDURAL PATHWAY.
- Author
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RAFFLES, PETER
- Subjects
- *
CONSTITUTIONAL law , *CONSTITUTIONAL conventions ,AUSTRALIAN politics & government - Abstract
The idea that north Queensland should be a separate State was strongly argued in the Queensland eolonial parliament and during the course of the Constitutional Conventions of the 1890s. Post federation, there have been several petitions calling for areas of existing States, and for the Northern Territory (NT), to become a new State in the federation. One of the issues that has surfaced repeatedly, in the call for creation of new State from an existing State, is what the Constitutional requirements arc for the creation of a new State, and then flowing from that, what process needs to be followed for the change to occur. This paper identifies the Constitutional provisions relevant to the creation of a new State in the Australian federation, and then examines the key issue of the locus of power to 'initiate' the creation of a new State by separation of territory from an existing State. The paper then reviews the history of the failed referenda held in New South Wales (NSW) and the NT for the creation of a new State, and, in light of the those experiences, sketches a possible political and legislative pathway towards the establishment of a new State of North Queensland. Finally, two key points in favour of separation arc argued: (i) that North Queensland has been particularly disenfranchised since federation through centralist power shifting at both the State and Federal levels; and (ii) a failed commitment to the North for it to have its own senators as evidenced in s.7 of the Constitution. [ABSTRACT FROM AUTHOR]
- Published
- 2016