217Geographical application

217 Geographical application

(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.