Commonwealth Consolidated Acts

NAVIGATION ACT 2012 - SECT 9

    Despite sections   6 and 8, the master or owner of a foreign vessel, or a recreational vessel that does not have Australian nationality, does not:

  (a)   commit an offence against this Act that relates to the vessel; or

  (b)   contravene a civil penalty provision of this Act that relates to the vessel;

unless, at the time when the conduct constituting the alleged offence or contravention occurs, 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, other than in the course of innocent passage.

Note:   Certain provisions of this Act provide that this section does not apply to specified offences and civil penalty provisions.