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NAVIGATION ACT 2012 - SECT 139

Geographical application

  (1)   This Part applies to a vessel situated in any of the following areas:

  (a)   waters within the coastal sea of Australia;

  (b)   waters within the exclusive economic zone of Australia;

  (c)   wate rs that are beyond the exclusive economic zone of Australia.

  (2)   Section   9 does not apply to an offence against Division   2 or 3A or a civil penalty provision in Division   2 or 3A .

  (3)   T he master or owner of a foreign vessel, or a recreational vessel that does not have Australian nationality :

  (a)   does not commit an offence against Division   2 that relates to the vessel; and

  (b)   is not liable for a civil penalty for a contravention of a civil penalty provision in Division   2 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; or

  (g )   in the exclusive economic zone of Australia ; or

  (h)   an Australian - based foreign Greater Sunrise vessel.


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