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].