12 Application to Crown etc. (1) This Act binds the Crown in each of its capacities. (2) This Act does not make the Crown liable to be: (a) prosecuted for an offence; or (b) subject to civil proceedings for a civil penalty for a contravention of a civil penalty provision; or (c) given an infringement notice. (3) This Act does not make an agency of the Commonwealth, or an agency of a State, liable to be: (a) prosecuted for an offence; or (b) subject to civil proceedings for a civil penalty for a contravention of a civil penalty provision; or (c) given an infringement notice. (4) Subsection (3) does not apply to the following: (a) an agency of the Commonwealth of the kind referred to in paragraph (g) of the definition of agency of the Commonwealth in subsection 4(1); (b) an agency of a State of the kind that: (i) is referred to in paragraph (c) of the definition of agency of a State in subsection 4(1); and (ii) operates primarily on a commercial basis; (c) an agency of a State of the kind referred to in paragraph (g) of the definition of agency of a State in subsection 4(1).

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