(1) This Act does not apply to, or in relation to, any of the following ships used for the time being only on government non - commercial service:
(a) a warship or naval auxiliary;
(b) a ship (other than a warship or naval auxiliary) owned or operated by a State other than Australia.
(2) An expression that is used in subsection (1) of this section and in Article 3(3) of the Convention has, in that subsection, the same meaning as in that Article.