Geographical application

In force

(1)

Section 9 does not apply to:

(a)

an offence against:

(i)

regulations made for the purposes of section 213; or

(ii)

subsection 215(2) or 216(2); or

(b)

a contravention of the following civil penalty provisions:

(i)

a civil penalty provision in regulations made for the purposes of section 213;

(ii)

subsection 215(1) or 216(1).

(2)

The master or owner of a foreign vessel, or a recreational vessel that does not have Australian nationality:

(a)

does not commit an offence against a provision referred to in paragraph (1)(a) that relates to the vessel; and

(b)

is not liable for a civil penalty because of a contravention of a provision referred to in paragraph (1)(b) 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.

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