(1) Section 9 does not apply to an offence against section 166.
(2) The master of a foreign vessel does not commit an offence against section 166 unless, at the time of the act or omission constituting the alleged offence, the vessel is:
(a) in an Australian port; or
(b) entering or leaving an Australian port; or
(c) in the internal waters of Australia; or
(d) in the territorial sea of Australia.