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Discuss what led to the referral of power from the States and the Northern Territory tothe Commonwealth in 2001. Is this a permanent solution?

Question

Discuss what led to the referral of power from the States and the Northern Territory to the Commonwealth in 2001. Is this a permanent solution?

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Solution

The referral of power from the States and the Northern Territory to the Commonwealth in 2001 was primarily driven by the need for a unified approach to certain issues. This was particularly the case in areas such as terrorism, where a national, coordinated response was deemed more effective than individual state responses.

The process began with the states and territories agreeing to refer certain of their legislative powers to the Commonwealth. This was done through the passage of referral legislation in each of the states and territories. The Commonwealth then enacted legislation to accept the referral of powers.

The referral of powers is not necessarily a permanent solution. Under the Australian Constitution, the states have the ability to repeal the referral legislation, thereby taking back the powers they had referred to the Commonwealth. However, in practice, this is unlikely to occur due to the political and practical difficulties involved.

In conclusion, the referral of powers from the States and the Northern Territory to the Commonwealth in 2001 was a response to the need for a unified approach to certain issues. While it is not a permanent solution, it is unlikely to be reversed in practice.

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