68TFCounter UXS measures

#### 68TF Counter UXS measures (1) This section applies if: (a) a UXS device: (i) has entered, or will enter or is reasonably likely to enter, a protected defence area; or (ii) is in the vicinity of a protected defence area; and (b) an authorised person reasonably believes that the UXS device: (i) poses a safety or security threat to the area, or any person or thing in the area; or (ii) may compromise or adversely affect Australia’s defence or security interests, or Australia’s defence activities or operations. (2) This section also applies if an authorised person reasonably believes that a UXS device: (a) poses a safety or security threat to a defence asset; or (b) constitutes a risk to a defence asset in a way that may compromise or adversely affect Australia’s defence or security interests, or Australia’s defence activities or operations. (3) The authorised person may take counter‑UXS measures that are reasonable and safe in the circumstances: (a) to prevent, eliminate, minimise or otherwise deal with the threat; or (b) to protect Australia’s defence or security interests, or Australia’s defence activities or operations. (4) In taking counter‑UXS measures under subsection (3), an authorised person must: (a) have regard to any guidelines or directions issued by the Minister in relation to counter‑UXS measures; and (b) act consistently with the obligations of Australia under any agreement between Australia and another country, or other countries, relating to the safety of air navigation or maritime navigation. (5) Subsection (3) applies only to the extent that the counter‑UXS measures do not constitute an offence under the Criminal Code Act 1995. (6) This section is not intended to exclude or limit the executive power of the Commonwealth or the operation of any other law of the Commonwealth, or the law of a State or Territory, in relation to counter‑UXS measures.