253FBPossession or operation of remotely piloted aircraft in prohibited airspace

#### 253FB Possession or operation of remotely piloted aircraft in prohibited airspace 253FB Possession or operation of remotely piloted aircraft in prohibited airspace > > (1) A person must not be in possession of a remotely piloted aircraft within prohibited airspace. > > > > Maximum penalty—20 penalty units, or imprisonment for 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 detention premises. > > > (3) A person must not, without lawful excuse, operate or attempt 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 detention premises. > > > > Maximum penalty—20 penalty units, or imprisonment for 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— > > > > detention premises means— > > > > > (a) a correctional centre, other than a police station or court cell complex in which an offender is held in custody, or > > > > > (b) a correctional complex, or > > > > > (c) a residential facility or transitional centre located within or near a correctional centre or correctional complex prescribed by the regulations. > > > > 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 detention premises, or a person, thing or activity on or at detention premises. > > > > prohibited airspace means the airspace above detention premises, and above the land in the immediate vicinity of detention premises, at or below 400 feet above ground level. > > **s 253FB:** Ins 2018 No 74, Sch 1 \[5\].