Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Section 9 does not apply to:
(a) an offence against subsection 218(3); or
(b) a contravention of subsection 218(1), so far as it is a civil penalty provision.
(2) The master of a foreign vessel or a recreational vessel that does not have Australian nationality:
(a) does not commit an offence against subsection 218(3) that relates to the vessel; and
(b) is not liable for a civil penalty for a contravention of subsection 218(1) 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.