Document ID: chunk:federal_register_of_legislation:C2025C00015:section:26
Version: federal_register_of_legislation:C2025C00015
Segment Type: section
Provision Reference: s 26
Character Range: 121996–122955

26  Application of this Act in relation to invasive pests
 (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.