Editing Australian Capital Territory (section)

=== Territory government ===
{{See also|Australian Capital Territory Legislative Assembly|Electoral systems of the Australian states and territories|Government of the Australian Capital Territory}}

Unlike the states of Australia which have their own constitutions, territories are governed under a Commonwealth statute<ref name=":10">[[Constitution of Australia]] s 122.</ref>{{mdash}}for the ACT, the ''[[Australian Capital Territory (Self-Government) Act 1988]]''.<ref>{{cite web |url=https://www.legislation.gov.au/Details/C2016C00802 |title=Australian Capital Territory (Self-Government) Act 1988 (Cth) |website=[[Federal Register of Legislation]] |date=July 2016 |access-date=14 June 2019}}</ref> The ''Self-Government Act'' constitutes a democratic government for the territory consisting of a popularly elected [[Australian Capital Territory Legislative Assembly|Legislative Assembly]] which elects a [[Chief Minister of the Australian Capital Territory|Chief Minister]] from among its membership who, in turn, appoints an Executive consisting of a number of Ministers.

The executive power of the territory rests with the [[Government of the Australian Capital Territory|ACT government]], headed by the Chief Minister (currently the [[Australian Labor Party (Australian Capital Territory Branch)|Labor Party]]'s [[Andrew Barr]]) and consists of ministers appointed by them. The ministers are supported by the ACT Public Service, which is arranged into directorates, and a number of public authorities.<ref>{{Cite web |title=Home |url=https://www.directory.act.gov.au/ |access-date=2023-01-26 |website=Functions and Services Directory |publisher=ACT Government}}</ref> The Chief Minister is the equivalent of a [[Premiers and chief ministers of the Australian states and territories|State Premier]] and sits on the National Cabinet.<ref>{{citation |title=National Cabinet Members |url=https://federation.gov.au/national-cabinet/members |publisher=Commonwealth of Australia}}</ref> Unlike the states, there is no [[Governors of the Australian states|vice-regal representative]] who chairs the executive government council. The Chief Minister performs many of the roles that a state governor normally holds in the context of a state; however, the Speaker of the Legislative Assembly gazettes the laws and summons meetings of the Assembly.

The [[Australian Labor Party (Australian Capital Territory Branch)|ACT Labor party]] has been in power since 2001.

The legislative power of the territory is vested in the unicameral [[Australian Capital Territory Legislative Assembly|Legislative Assembly]].  The assembly has 25 [[Template:ACTCurrentMLAs|members]], elected from [[Electorates of the Australian Capital Territory|five electorates]] using the [[Hare–Clark electoral system|Hare-Clark]] single transferable voting system.<ref>{{citation |title=Factsheet – Hare-Clark electoral system |date=5 July 2012 |url=http://www.elections.act.gov.au/publications/act_electoral_commission_fact_sheets/elections_act_factsheet_hare-clark_electoral_system |archive-url=https://web.archive.org/web/20130606055358/http://www.elections.act.gov.au/publications/act_electoral_commission_fact_sheets/elections_act_factsheet_hare-clark_electoral_system |publisher=ACT Electoral Commission |archive-date=6 June 2013}}</ref> The assembly is presided over by the Speaker (currently the Labor Party's [[Joy Burch]]). The assembly has almost all of the same powers as the state parliaments, the power to "make laws for the peace, order, and good government of the Territory", with limited exceptions relating to the territory's unique relationship with the commonwealth.<ref>''[[Australian Capital Territory (Self-Government) Act 1988]]'' (Cth) ss 22 and 23.</ref> The Hare-Clark voting system was adopted after [[1992 Australian Capital Territory electoral system referendum|a referendum in 1992]] and was entrenched by another referendum in 1995.<ref>{{Cite web |last= |first= |date=2016 |title=Fact sheet – Referendums |url=https://www.elections.act.gov.au/education/act_electoral_commission_fact_sheets/fact_sheets_-_general_html/elections_act_factsheet_referendums |access-date=2023-01-26 |website=[[Elections ACT|ACT Electoral Commission]] |language=en |archive-date=26 January 2023 |archive-url=https://web.archive.org/web/20230126145106/https://www.elections.act.gov.au/education/act_electoral_commission_fact_sheets/fact_sheets_-_general_html/elections_act_factsheet_referendums |url-status=dead }}</ref> The electoral system cannot be changed except by a two-thirds majority in the Assembly or a majority vote of support at a public referendum.<ref>[https://www.legislation.act.gov.au/View/a/1995-1/current/html/1995-1.html ''Proportional Representation (Hare-Clark) Entrenchment Act 1994'' (ACT)] s 5</ref>

There is no level of [[Local government in Australia|local government]] below the territory government as in the states and the functions associated with local government are carried out principally by the [[Transport Canberra & City Services|Transport Canberra and City Services Directorate]].<ref>{{citation |title=Three Levels of Law-Making |url=http://www.peo.gov.au/students/fact_sheets/three_levels_law-making.html |archive-url=https://web.archive.org/web/20130516042422/http://www.peo.gov.au/students/fact_sheets/three_levels_law-making.html |publisher=Parliamentary Education Office |archive-date=16 May 2013}}</ref> There is an indigenous voice to the ACT government, called the [[Indigenous Voice to Parliament#ACT Aboriginal and Torres Strait Islander Elected Body|Aboriginal and Torres Strait Islander Elected Body]].<ref>{{Cite web |title=About Us |url=https://atsieb.com.au/about-us/ |access-date=2023-01-27 |website=Aboriginal & Torres Strait Islander Elected Body |language=en-AU}}</ref>

Despite the wide powers of the territory government, the federal government continues to have power over the territory. This includes an unused power to dissolve the assembly and appoint a caretaker government in extraordinary circumstances.<ref>''[[Australian Capital Territory (Self-Government) Act 1988]]'' (Cth) s 16</ref> The federal and territory governments share some officers, such as the [[Commonwealth Ombudsman|Ombudsman]].<ref>{{Cite web |last= |first= |date=2020-07-10 |title=Who we are |url=https://www.ombudsman.act.gov.au/about-us/who-we-are |access-date=2023-01-27 |website=ACT Ombudsman |language=en |archive-date=27 January 2023 |archive-url=https://web.archive.org/web/20230127023608/https://www.ombudsman.act.gov.au/about-us/who-we-are |url-status=dead }}</ref> The federal parliament also retains the power to make any law for the territory under [[Section 122 of the Constitution of Australia|section 122 of the Constitution]] and an exclusive power to legislate for the "seat of government".<ref name=":10" /><ref>''[[Constitution of Australia]]'' s 52(i).</ref> Territory laws which conflict with federal law are inoperable to the extent of the inconsistency.<ref>''[[Australian Capital Territory (Self-Government) Act 1988]]'' (Cth) s 28</ref><ref>''[[Marriage Equality (Same Sex) Act 2013#In the High Court: Commonwealth v ACT (2013)|Commonwealth v Australian Capital Territory]]'' (2013) 250 CLR 441; [http://www.austlii.edu.au/au/cases/cth/HCA/2013/55.html <nowiki>[2013] HCA 55</nowiki>] (High Court of Australia)</ref> Land in the territory that is designated to be "National Land" under federal law remains under the control of the federal government, usually represented by the [[National Capital Authority]].<ref>''[https://www.legislation.gov.au/Latest/C2018C00316 Australian Capital Territory (Planning and Land Management) Act 1988]'' (Cth) s 27</ref> The federal parliament can disallow laws enacted by the Assembly by a joint resolution of both houses of Parliament, a power which replaced a federal executive veto in 2011.<ref>[https://www.legislation.gov.au/Details/C2011A00166 ''Territories Self-Government Legislation Amendment (Disallowance and Amendment of Laws) Act 2011'' (Cth)]</ref><ref name="vetopower">{{cite web |title=Disallowance powers removed from ACT self-government legislation |url=http://www.parliament.act.gov.au/index.asp?ID=7487 |url-status=dead |archive-url=https://web.archive.org/web/20120523073454/http://www.parliament.act.gov.au/index.asp?ID=7487 |archive-date=23 May 2012 |access-date=5 November 2012 |work=News, Events and Conferences |publisher=ACT Legislative Assembly}}</ref>