Document ID: chunk:federal_register_of_legislation:C2025C00094:section:139
Version: federal_register_of_legislation:C2025C00094
Segment Type: section
Provision Reference: s 139
Character Range: 136480–137677

139  Geographical application
 (1) This Part applies to a vessel situated in any of the following areas:
 (a) waters within the coastal sea of Australia;
 (b) waters within the exclusive economic zone of Australia;
 (c) waters that are beyond the exclusive economic zone of Australia.
 (2) Section 9 does not apply to an offence against Division 2 or 3A or a civil penalty provision in Division 2 or 3A.
 (3) 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 Division 2 that relates to the vessel; and
 (b) is not liable for a civil penalty for a contravention of a civil penalty provision in Division 2 that relates to the vessel;
unless, at the time when the conduct constituting the alleged offence or contravention occurs, the vessel 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.

Division 2—Vessels polluting or damaging the Australian marine environment