(1) This Part does not apply in relation to a ship that is not a regulated Australian vessel, when the ship is in a particular area, so far as a law of a State or the Northern Territory gives effect to Articles 3, 5 and 6, paragraph 10 of Article 7, and Article 8, of the Bunker Oil Convention in relation to that ship when it is in that area.
(2) However, subsection (1) does not apply in relation to an incident that:
(a) is an incident Article 5 of the Bunker Oil Convention applies to; and
(b) involves both:
(i) one or more ships that are regulated Australian vessels; and
(ii) one or more ships that are not regulated Australian vessels.