(b) That's right. 

You were asked to select the correct statement.

It is correct to say that, in these circumstances, the Commonwealth legislation takes precedence over the Victorian legislation, to the extent of any inconsistency, even though it was enacted later.

It is not correct to say that the state legislation takes precedence over the Commonwealth legislation because it was enacted first because the applicable rules do not favour earlier legislation. 

It is wrong to say that both acts are treated as invalid: the applicable rules allow both Acts to exist except to the extent of any inconsistency. 

It is wrong to say that both Acts are valid and that the Victorian Act will take precedence in Victoria, and the Commonwealth Act will take precedence elsewhere in Australia.  To the extent of any inconsistency, the Commonwealth Act takes precedence throughout Australia, including Victoria.

Give yourself one mark for this answer.

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