Victorian Current Acts Victorian Current Acts(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 .
(3) If—
(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.
Note
The definition of escort officer in section 3(1) means both a prison officer and an escort officer.
(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).
Penalty: 5 penalty units.
(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.
(9) A person who is convicted or acquitted of an offence against section 32(1) is not liable to be prosecuted subsequently for an offence against subsection (1) in respect of the same circumstances.
(10) Where a provision of this section is inconsistent with a law of the Commonwealth, the law of the Commonwealth prevails to the extent of the inconsistency.
(11) For the purposes of subsection (10), a provision of this section is inconsistent with a law of the Commonwealth if it would be inconsistent within the meaning of section 109 of the Constitution of the Commonwealth.
(12) In this section—
"law enforcement agency" means—
(a) Victoria Police; or
(b) the Australian Federal Police;
"metropolitan area" means an area within the radius of 15 kilometres of the intersection of Elizabeth Street and Bourke Street, Melbourne;
"remotely piloted aircraft" includes the controls for the aircraft.
S. 32B inserted by No. 31/2017 s. 4.