37CBPossession or operation of remotely piloted aircraft in prohibited airspace

#### 37CB Possession or operation of remotely piloted aircraft in prohibited airspace 37CB Possession or operation of remotely piloted aircraft in prohibited airspace > > (1) A person who is in possession of a remotely piloted aircraft within prohibited airspace is guilty of an offence and is liable to a penalty not exceeding 20 penalty units, or imprisonment for a period not exceeding 2 years, or both. > > > (2) It is a defence to a prosecution for an offence under subsection (1) if the defendant establishes that the possession was not for the purpose of threatening the good order or security of a detention centre. > > > (3) A person who, without lawful excuse, operates or attempts to operate a remotely piloted aircraft within prohibited airspace in a way that threatens or is likely to threaten the good order or security of a detention centre, is guilty of an offence and is liable to a penalty not exceeding 20 penalty units, or imprisonment for a period not exceeding 2 years, or both. > > > (4) It is not an offence under this section if a person is in possession of or operates or attempts to operate a remotely piloted aircraft— > > > > > (a) for a purpose prescribed by the regulations, or > > > > > (b) with the authorisation of a person, or a member of a class of persons, prescribed by the regulations, or > > > > > (c) for any other reason prescribed by the regulations. > > > (5) In this section— > > > > operate a remotely piloted aircraft means fly or otherwise use a remotely piloted aircraft, including use a remotely piloted aircraft to photograph, film or otherwise make or transmit a visual or audio recording of the whole or any part of a detention centre, or a person, thing or activity on or at a detention centre. > > > > prohibited airspace means the airspace above any detention centre, and above the land in the immediate vicinity of a detention centre, at or below 400 feet above ground level. > > **s 37CB:** Ins 2018 No 74, Sch 2 \[2\].