(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.