(1) For the purposes of this Chapter, a foreign vessel that is within the outer limits of the territorial sea of the Australian Antarctic Territory is taken not to be in Australian seas.
(2) In addition, a foreign vessel:
(a) whose Administration is a party to the Ballast Water Convention; and
(b) that is within the outer limits of the exclusive economic zone adjacent to the coast of the Australian Antarctic Territory;
is also taken not to be in Australian seas.