42Avoiding inconsistency with State and Territory laws

42 Avoiding inconsistency with State and Territory laws

(1) This section has effect despite anything else in the Help to Buy program. (2) Subsection (4) does not apply to a provision of a law of a State or Territory that is capable of concurrent operation with the Help to Buy program.

Note: This kind of provision is dealt with by section 41.

(3) Subsection (4) applies to the interaction between: (a) a provision of a law of a participating State, a cooperating State, the Australian Capital Territory or the Northern Territory (the displacement provision); and (b) a provision of the Help to Buy program (the Commonwealth provision), other than a provision mentioned in section 42B; only if the displacement provision is declared by a law of the State or Territory to be a Help to Buy program displacement provision for the purposes of this section (either generally or specifically in relation to the Commonwealth provision). (4) The Commonwealth provision does not operate in, or in relation to, the State or Territory to the extent necessary to ensure that no inconsistency arises between: (a) the Commonwealth provision; and (b) the displacement provision to the extent to which the displacement provision would, apart from this subsection, be inconsistent with the Commonwealth provision.

Note 1: The operation of the displacement provision will be supported by section 41 to the extent to which it can operate concurrently with the Commonwealth provision.

Note 2: This subsection has effect subject to subsection (5) and section 42C.

(5) Subsection (4) does not apply in relation to the displacement provision to the extent to which the regulations provide that the subsection does not apply in relation to the displacement provision.

Note: See also section 42A (when declarations and regulations may take effect).