32AOffences relating to operation or possession of remotely piloted aircraft or helicopter

32A Offences relating to operation or possession of remotely piloted aircraft or helicopter

(1) A person (other than a person referred to in subsection (2) or a prescribed person or a person belonging to a prescribed class of persons) must not intentionally or recklessly operate or attempt to operate a remotely piloted aircraft or a helicopter or possess a remotely piloted aircraft—

(a) in any direction in the airspace above a prison at or below 400 feet above ground level; or

(b) in or at a prison; or

(c) outside but near a prison—

in a manner that threatens or is likely to threaten the good order or security of the prison or any person in the prison, unless the person has a reasonable excuse.

Penalty: 2 years imprisonment.

(2) A person does not contravene subsection (1) if the person operates or attempts to operate a remotely piloted aircraft or a helicopter or is in possession of a remotely piloted aircraft—

(a) in accordance with this Act or the regulations; or

(b) in accordance with an authorisation given by the Governor under section 32B; or

(c) in accordance with a law of the Commonwealth; or

(d) for the purposes of law enforcement by a law enforcement agency; or

(e) for the purposes of an emergency or recovery from an emergency under the Emergency Management Act 2013.

(a) an escort officer; or

(b) in the case of a prison in the metropolitan area, an escort officer or a police officer—

believes on reasonable grounds that a person is committing or has committed an offence against subsection (1), the officer may order the person to leave the neighbourhood of the prison.

(4) Before ordering a person to leave in accordance with subsection (3), an escort officer or a police officer must advise the person of the reason why that person is being ordered to leave.

(5) A person must not disobey an order to leave given under subsection (3).

(6) If an escort officer believes on reasonable grounds that a person has committed an offence against subsection (1), the officer may apprehend the person without warrant.

(7) An escort officer who has apprehended a person in accordance with subsection (6) must deliver as soon as possible the person into the custody of a police officer to be dealt with according to law.

(8) The Crimes Act 1958 (except section 458(1) and 458(2)) applies to the apprehension of a person under this section as if the person were found committing an offence within the meaning of section 458(1)(a) of that Act.