9Act not to apply to state ships etc.

9 Act not to apply to state ships etc.

(1) Unless the contrary intention appears, this Act does not apply to, or in relation to: (a) a warship or other ship operated for naval, military, customs or law enforcement purposes by Australia or by a foreign state; or (b) a ship (other than a ship covered by paragraph (a)) that is: (i) owned, leased or chartered by, or otherwise in the operational control of, the Commonwealth, a State or a Territory; and (ii) being used wholly for non‑commercial activities; or (c) a security regulated port, or a part of a port, at any time that the port, or the part of the port, is under the exclusive control of the Australian Defence Force. (2) A reference in this Act to a maritime industry participant does not include a reference to: (a) the Australian Defence Force; or (b) the Immigration and Border Protection Department; or (c) an Agency of the Commonwealth prescribed in the regulations. (3) A reference in this Act to an offshore industry participant does not include a reference to: (a) the Australian Defence Force; or (b) the Immigration and Border Protection Department; or (c) an Agency of the Commonwealth prescribed in the regulations.