What best describes residual powers in the Australian Constitution?

• A. Residual powers are enumerated powers.
• B. Residual powers are powers exclusive to the Commonwealth.
• C. Residual powers are not enumerated and are retained by the states.
• D. Residual powers are powers shared equally by all states.

Answer: (C)

Residual powers describe areas of law and policy that the Constitution does not list as Commonwealth powers. Because the Constitution sets out only a specific, enumerated set of powers for the Commonwealth, anything not in that list remains with the states. That’s why states take responsibility for much everyday law and policy, like criminal law, education, policing, and health, while the Commonwealth handles areas it explicitly powers, such as defence and external affairs. This arrangement fits the federal structure, with the states’ powers continuing under the constitutional framework. So, the description that residual powers are not enumerated and are retained by the states best captures the concept.