Page:Infrastructure Protection Act 2017.pdf/35

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36
NO. 41 OF 2017


(i) assume control of the unmanned aircraft to fly it or end its flight, or land it, safely in the fastest practicable way; or
(ii) end the flight of the unmanned aircraft in the fastest and safest practicable way;
(c) without warrant, and with such assistance and by such force as is necessary, seize the unmanned aircraft, any component of the unmanned aircraft system for that aircraft, or any other thing, that the designated authorised officer believes on reasonable grounds—
(i) to be evidential material relevant to an offence under subsection (4) or (5); or
(ii) needs to be seized to prevent its concealment, loss or destruction, or its use in committing, continuing or repeating an offence under subsection (4) or (5).

(4) If any photograph of a protected area or a protected place is taken without the permission of its authority, using any equipment on board an unmanned aircraft while the unmanned aircraft is in flight, the operator of the unmanned aircraft, and the person taking the photograph if the person is not the operator, shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.

(5) Any person who fails to comply with a direction given by a designated authorised officer under subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.

(6) In proceedings for an offence under subsection (4)—

(a) it is not necessary for the prosecution to prove that an accused knew or had reason to believe that—
(i) the premises concerned is a protected area or a protected place; or