Commonwealth Consolidated Acts

BIOSECURITY ACT 2015 - SECT 26

  (1)   This section applies to the extent that:

  (a)   a provision of this Act:

  (i)   confers a power, function or right; or

  (ii)   imposes an obligation;

    in relation to an invasive pest; and

  (b)   the provision would (apart from this section) exceed the legislative power of the Commonwealth if Australia were not a party to the Biodiversity Convention.

  (2)   The power, function or right is conferred, or the obligation is imposed, only to the extent that the conferral or imposition:

  (a)   is for the purpose of preventing the introduction of, or controlling or eradicating, those invasive pests which threaten ecosystems, habitats or species; and

  (b)   is reasonably capable of being considered appropriate and adapted to give effect to Australia's rights and obligations under Article 7 or 8 of the Biodiversity Convention.

  (3)   This section limits the effect that this Act has apart from this section.