Victorian Numbered Acts

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SERIOUS OFFENDERS ACT 2018 (NO. 27 OF 2018) - SECT 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).

Penalty:     5 penalty units.



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