In terms of providing essential services and of maintaining direct contacts with citizens, the States are the most visible level of government in Australia. The present State governments are the historical successors to the colonial governments whose federation created the nation. The States thus have historical roots and traditions which predate nationhood. The Commonwealth Constitution Act, 1900, vests enumerated powers in the Commonwealth. They are listed in sections 51 and 52 of the constitution. The 42 enumerated powers include foreign affairs, defence, citizenship, immigration, naturalization, international commerce and inter-State trade, customs, finance, banking, insurance, currency, coinage, weights and measures, copyright and patents, census and statistics, matrimonial and family law, social welfare and insurance, and nationwide public services like post and telecommunications. Education is the biggest State function, but the States also tend to provide the major public hospitals, personal welfare services, general law and order, public housing, regulation of industry and labour, highways, ports, various agricultural services, subsidies to industrial development, electricity and gas networks, and other property services. States differ a little in style, standard, and range of public services, though standards are rather uniform by comparison with other federations. Local government legislation is also a State matter. In the event of inconsistency between Federal and State laws the Federal law prevails. All residual powers are retained by the States.
Each State has its own constitution and elected legislature. With the exception of Queensland all legislatures are bicameral.
The powers of the Territories are more limited. The Northern
Territoriy was established as a body politic by the Northern
Territory (Self-Government) Act, 1978, and the Australian Capital
Territory by the Australian Capital Territory (Self- Government)
Act, 1988. Both have unicameral legislatures.