85National scheme laws prevail over co-operative scheme laws

#### 85 National scheme laws prevail over co-operative scheme laws 85 National scheme laws prevail over co-operative scheme laws > > (1) This section provides for the national scheme laws of this jurisdiction to supersede the co-operative scheme laws, which are to continue to operate of their own force only in relation to— > > > > > (a) matters arising before the commencement of this section, and > > > > > (b) matters arising, directly or indirectly, out of such matters, > > > > in so far as the national scheme laws or the Corporations legislation do not deal with those matters. > > > (2) Where a co-operative scheme law is inconsistent with a national scheme law of this jurisdiction, the national scheme law prevails and, to the extent of the inconsistency, the co-operative scheme law does not operate. > > > (3) For the purposes of subsection (2), a co-operative scheme law is inconsistent with a national scheme law if it would be inconsistent within the meaning of section 109 of the [Constitution of the Commonwealth](http://www.legislation.gov.au/) of Australia if the national scheme law were an Act of the Commonwealth. > > > (4) In this section— > > > > Corporations legislation means the Corporations legislation to which Part 1.1A of the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth applies. > > **s 85:** Am 1991 No 52, Sch 1 (13); 2001 No 32, Sch 2.2 \[17\] \[18\].