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New States.

By section 121 the Parliament may admit to the Commonwealth or establish New States. “Admit to the Commonwealth” obviously relates to communities without the Commonwealth, over which the Parliament has no power, viz. Colonies such as New Zealand or Fiji. In this class of case, the power of admission is, of course, subject to the agreement of the community admitted, as signified by the authority competent to act therefor. “To establish New States” relates to communities within the Commonwealth,


  ― 314 ―
e.g. the territories, which it may be determined to raise to the dignity of States (section 6 of the Act). It is probable that The Parliament cannot convert the seat of government, or places acquired for public purposes, into a State. The power to convert a Territory into a State, or to establish a State in a Territory, may be exercised by The Parliament without the concurrence of any other authority.

By section 124, The Parliament may form a new State by separation of territory from any State of the Commonwealth, but only with the consent of the Parliament thereof; or may form a new State by the union of two or more States or parts of States, but only with the consent of the Parliaments of the State affected.

In admitting or establishing new States, The Parliament may make and impose such terms and conditions, including the extent of representation in either House of The Parliament, as it thinks fit (section 121). Except so far as otherwise agreed or determined, upon such admission or establishment, the Constitution will apply to such new State.

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