(1) Section 9 does not apply to :
(a) an offence against a regulation made under section 221 ; or
(b) a civil penalt y provision in regulations made for the purposes of section 221 .
(2) The master or owner of a foreign vess el 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 con travention 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.