190Offences relating to operation or possession of remotely-piloted aircraft or helicopter

190 Offences relating to operation or possession of remotely-piloted aircraft or helicopter (1) Without reasonable excuse, a person must not intentionally or recklessly operate, or attempt to operate, a remotely-piloted aircraft or a helicopter— (a) in the airspace above a residential facility at or below 400 feet above ground level; or (b) in or at a residential facility; or (c) outside but near a residential facility— in a manner that threatens or is likely to threaten the good order or security of the facility or any person in the facility. Penalty: 2 years imprisonment. (2) Without reasonable excuse, a person must not possess a remotely-piloted aircraft— (a) in or at a residential facility; or (b) outside but near a residential facility. Penalty: 2 years imprisonment. (3) A person does not contravene subsection (1) or (2) if— (a) the person is a prescribed person or a person belonging to a prescribed class of persons; or (b) the person operates or attempts to operate a remotely-piloted aircraft or a helicopter or is in possession of a remotely-piloted aircraft— (i) in accordance with this Act or the regulations; or (ii) in accordance with an authorisation given by the officer in charge under section 191; or (iii) in accordance with a law of the Commonwealth; or (iv) for the purposes of law enforcement by a law enforcement agency; or (v) for the purposes of responding to an emergency or recovering from an emergency under the **Emergency Management Act 2013**. (4) If a supervision officer or a specified officer believes on reasonable grounds that a person is committing or has committed an offence against subsection (1) or (2), the officer may order the person to leave the neighbourhood of the residential facility. (5) Before ordering a person to leave in accordance with subsection (4), a supervision officer or a specified officer must advise the person of the reason why that person is being ordered to leave. (6) A person must comply with an order to leave given under subsection (4).