Section 122 of the Constitution of Australia deals with matters relating to the governance of Australian territories.
The extent and terms of the representation of the territories in the House of Representatives and the Senate are also stated as being at the discretion of the Commonwealth Parliament.
The High Court has revisited its interpretations of section 122 over the years leading to what David Mossop, a judge of the ACT Supreme Court, described as a lack of "a coherent body of doctrine" guiding interpretation of the section.
[3][4] This means that the protections of judicial tenure or the mandatory retirement found in section 72 do not apply to judges of Territory courts.
[13] In May 2023, the Full Federal Court endorsed a broader reading of Wurridjal in the Yunipingu case which suggests that the "just terms" requirement applies to acquisitions of property in the territories.