(1) Section 9 does not apply to:
(a) an offence against Subdivision B; or
(b) a contravention of a civil penalty provision in Subdivision B.
(2) The master or owner of a foreign vessel, or a recreational vessel that does not have Australian nationality:
(a) does not commit an offence against Subdivision B that involves the vessel; and
(b) is not liable for a contravention of a civil penalty provision of Subdivision B that involves the vessel;
unless, at the time of the act or omission constituting the alleged offence or contravention, the vessel 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.