Can any state or territory secede from Australia?
Commonwealth of Australia Constitution Act, 1900: Original Public Record Copy (1900).
Parliament House Art Collection, Art Services Parliament House
Commonwealth of Australia Constitution Act, 1900: Original Public Record Copy (1900).
Parliament House Art Collection, Art Services Parliament House
Description
This image shows the front page of the original public record copy of the Commonwealth of Australia Constitution Act 1900.
Permission for publication must be sought from Parliament House Art Collection. Contact DPS Art Services, phone: 02 62775034 or 02 62775123
To secede would mean to leave the federation of states that make up Australia, and although it is possible, it could be difficult for a state or territory to leave.
There is no mention of how an existing state or territory could secede from Australia in the Australian Constitution. The Preamble to the Constitution says that the Australian federation is 'indissoluble' – not able to be broken. The Constitution would need to be changed to make this happen. Therefore the only legal path to secession would be by a national referendum. A majority of voters in the majority of states would have to agree to dissolve the union of states, just as they agreed to create it in the Federation referendums.
Interestingly, it has been attempted before! In 1933, Western Australia held a state referendum to secede from Australia. The majority of Western Australians voted 'yes' and a petition of secession was sent to the British Parliament. The British Parliament decided it did not have the power to grant secession. As a result, Western Australia remained part of Australia.