(1) Section 9 does not apply to:
(a) an offence against a regulation made under section 221; or
(b) a civil penalty provision in regulations made for the purposes of section 221.
(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 regulation made for the purposes of section 221 that relates to the vessel; and
(b) is not liable for a civil penalty for a contravention of such a regulation 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.