(1) Section 9 does not apply to :
(a) an offence against s ubs ection 148 (3 ) ; or
(b) a contravention of sub section 148 (1), so far as it is a civil penalty provision .
(2 ) T he master or owner of a foreign vessel who is given a direction under section 147:
(a) does not commit an offence against subsection 148(3 ) that relates to the vessel; and
(b) is not liable for a civil penalty for a contravention of s ubs ection 148 (1) that relates to the vessel ;
unless, at the time when the conduct constituting the alleged offence or contravention occurs, 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 ; or
(h) an Australian - based foreign Greater Sunrise vessel.