(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 Australian Customs Service; or
(c) an Agency of the Commonwealth prescribed in the regulations.