New South Wales Consolidated Acts

CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 253FB

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.