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Upon Federation, the six colonies of New South Wales, Victoria, Queensland, South Australia, Western Australia, and Tasmania became the founding states of the new Commonwealth of Australia.

Legislative powers of the states are protected by the Australian constitution, section 107, and under the principle of federalism, Commonwealth legislation only applies to the states where permitted by the constitution.

The constitutional status of the Australian Antarctic Territory is unclear, with successive governments treating it either as a separate territory (as in the United Kingdom and Norway) or an integral part of the country (as in New Zealand and France).

Ashmore and Cartier Islands was accepted by Australia in 1934 and was annexed to the Northern Territory prior to adoption of the Statute of Westminster in 1942, deemed effective from 1939; it has thus become part of Australia.

Cocos (Keeling) Islands voted for integration in 1984.

Two of the three internal territories—the Australian Capital Territory (ACT), which was established to be a neutral site of the federal capital, and the Northern Territory—function almost as states.

Each has self-government, through its legislative assembly, but the assembly's legislation can be federally overridden.

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