Commonwealth Consolidated Acts

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BIOSECURITY ACT 2015 - SECT 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.



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