(1) Section 9 does not apply to:
(a) an offence against subsection 148(3); or
(b) a contravention of subsection 148(1), so far as it is a civil penalty provision.
(2) The master or owner of a foreign vessel who is given a direction under section 147:
(a) does not commit an offence against subsection 148(3) that relates to the vessel; and
(b) is not liable for a civil penalty for a contravention of subsection 148(1) that relates to the vessel;
unless, at the time when the conduct constituting the alleged offence or contravention occurs, the vessel concerned is:
(c) in an Australian port; or
(d) entering or leaving an Australian port; or
(e) in the internal waters of Australia; or
(f) in the territorial sea of Australia; or
(g) in the exclusive economic zone of Australia; or
(h) an Australian - based foreign Greater Sunrise vessel.