26Application of this Act in relation to invasive pests

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.