Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Section 9 does not apply to:
(a) an offence against:
(i) regulations made for the purposes of section 213; or
(ii) subsection 215(2) or 216(2); or
(b) a contravention of the following civil penalty provisions:
(i) a civil penalty provision in regulations made for the purposes of section 213;
(ii) subsection 215(1) or 216(1).
(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 a provision referred to in paragraph (1)(a) that relates to the vessel; and
(b) is not liable for a civil penalty because of a contravention of a provision referred to in paragraph (1)(b) that relates to the vessel;
unless, at the time of the act or omission constituting the alleged offence or contravention, 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.