(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).