Government of territories.
122. The Parliament may make laws for the government of any territory472 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 territory473 in either House of the Parliament to the extent and on the terms which it thinks fit.
UNITED STATES.—The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States, and nothing in this Constitution shall be construed to prejudice any claims of the United States, or of any particular State.—Const, Art. IV., sec. 3, sub-s. 2.HISTORICAL NOTE.—Clause 3, Chap. VI. of the Commonwealth Bill of 1891 was as follows:—
“The Parliament may make such laws as it thinks fit for the provisional administration and government of any territory surrendered by any State to and accepted by the Commonwealth, or any territory in the Pacific placed by the Queen under the authority of and accepted by the Commonwealth, or otherwise acquired by the Commonwealth, and may in any such case allow the representation of such territory in either House of the Parliament to such extent and on such terms as it thinks fit.”
At the Adelaide session, 1897, the clause was introduced in substantially the same form, with the omission of the words “in the Pacific.” In Committee, Sir Edward Braddon moved an amendment that the representation allowed by the Parliament should be “in accordance with the ratio of representation provided in the Constitution.” This was negatived. Mr. Wise moved an addition to the effect that no federal territory should be leased for a longer term than fifty years, or alienated in fee simple, except on payment of a perpetual rent, subject to periodic appraisement on the unimproved value. This was negatived by 21 votes to 13. (Conv. Deb., Adel., pp. 1012–9.) At the Melbourne session, the word “provisional” was omitted at Mr. Barton's suggestion, as being an undue limitation. An amendment suggested by the Legislative Assembly of South Australia, and another moved by Mr. Glynn, similar to that moved by Mr. Wise at Adelaide, were negatived. (Conv. Deb., Melb., pp. 698–9.) Drafting amendments were made after the fourth report.