Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Section 9 does not apply to :
(a) an offence against s ubs ection 218 ( 3 ) ; or
(b) a contravention of sub section 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 s ubs ection 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 wa ters of Australia; or
(f ) in the territorial sea of Australia; or
(g ) in the exclusive economic zone of Australia .