Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]


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.

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback