Introduction

Since federation, the Commonwealth has had 13 territories, of which 10 remain under its jurisdiction. There is great variety in their geographical location, size, population and governance. Given their diverse geographical location, Sir Robert Garran's reference to the ‘colonial Empire of the Commonwealth’ in 1935 remains as apt today. The three which are no longer Commonwealth territories have become two sovereign nations – Nauru, and Papua New Guinea. Of the remaining 10, three are mainland territories: the Australian Capital Territory (ACT), the Jervis Bay Territory and the Territory of Northern Australia. Of the seven external territories, three are inhabited: the Territories of Christmas Island, Cocos (Keeling) Islands, and Norfolk Island. The four essentially uninhabited external territories are: the Territory of Ashmore and Cartier Islands, the Australian Antarctic Territory, the Coral Sea Islands Territory, and the Territory of Heard Island and McDonald Islands. The location of each of these territories is depicted on the map on page I.

The history of the acquisition of these territories is outlined in Chapter 12 where each of the territories is considered separately. The reasons for their acquisition vary. The only territory constitutionally required is the territory for the seat of government. Accordingly, the ACT was acquired in 1911 pursuant to s 125 of the Commonwealth Constitution for the establishment of the national capital, Canberra. Soon after, the Jervis Bay Territory was acquired to provide a seaport for the landlocked ACT.