Commonwealth Consolidated Acts

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MARITIME TRANSPORT AND OFFSHORE FACILITIES SECURITY ACT 2003 - SECT 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.



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