amrith

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Section 124 says: “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” Section 111 says “The Parliament of a State may surrender any part of the State to the Commonwealth; and upon such surrender, and the acceptance thereof by the Commonwealth, such part of the State shall become subject to the exclusive jurisdiction of the Commonwealth.” Section 123 does not apply to establishment or creation of States under Sections 124 or 121 or to surrender of territory under Section 111. Even when such creation of states involve alteration in boundaries for example when 2 states join together in an event which would naturally affect the boundaries of both States the mischief designed to prevent section 123 is in terms of adjustments to boundaries for example If the Riverina District were to be added to Victoria or the Northern Rivers District to Queensland in such a case, Section 123 would guarantee a vote to the electors of the adjacent States affected on this question. Another example where North Queensland was to be created as a new State, this would come under Section 124 and while it would incidentally affect the boundaries of the present State of Queensland it would not be a boundary alteration under Section 123. In such a case the Federal Parliament would still have the power of establishing the new State under Section 121 . In these three sections of the Australian constitution refer the power of parliament to establish new states to change the boundaries of the states under specified conditions and also a provisio... ... middle of paper ... ... ibid The Federal Government of Switzerland, by G.A. Codding Jr pg 37-38 ibid ibid ibid The Australian constitution chap VI new states http://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/~/link.aspx?_id=A392B21B367A449EA878C374B5BECE11&_z=z ibid The Constitution of the Commonwealth of Australia, by R.D. Lumb, K.W. Ryan 1974 pg 353 Supra note 46 Australian constitution The australian constitution chapter V The States http://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/~/link.aspx?_id=6ED2CAE61E7742A1B2C42F95D4C05252&_z=z Territorial Changes in the States and Territories of the Commonwealth in The Constitution of the Commonwealth of Australia by R.D. Lumb, K.W. Ryan The Political System in Canada, Canada: by Eugene A. Forsev 1989, p. 5. Ibid pg 15 State boundary changes by S.S sharma pg 43 ibid

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