Victorian Current Acts Victorian Current Acts(1) A person, without reasonable excuse, must not intentionally or recklessly operate or attempt to operate a remotely piloted aircraft or a helicopter—
(a) in any direction in the airspace above a youth justice custodial centre at or below 400 feet above ground level; and
(b) in a manner that threatens or is likely to threaten the security of the youth justice custodial centre or any person in the youth justice custodial centre.
Penalty: 2 years imprisonment.
(2) A person, without reasonable excuse, must not possess a remotely piloted aircraft—
(a) in or at a youth justice custodial centre; or
(b) in any public place adjoining a youth justice custodial centre—
in a manner that threatens or is likely to threaten the security of the youth justice custodial centre or any person in the youth justice custodial centre.
Penalty: 2 years imprisonment.
(3) A person does not contravene subsection (1) or (2) if—
(a) the person operates or attempts to operate a remotely piloted aircraft or a helicopter or possesses a remotely piloted aircraft—
(i) in accordance with this Act or the regulations; or
(ii) in accordance with an authorisation given by the Commissioner for Youth Justice under section 530; 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 an emergency or recovery from an emergency under the Emergency Management Act 2013 ; or
(b) the person is a prescribed person or a person belonging to a prescribed class of persons.
(4) If a youth justice custodial officer believes on reasonable grounds that a person has committed an offence against subsection (1) or (2), the youth justice custodial officer may apprehend the person without warrant.
(5) A youth justice custodial officer who has apprehended a person in accordance with subsection (4) must deliver the person into the custody of a police officer as soon as possible to be dealt with according to law.
(6) The Crimes Act 1958 (except section 458(1) and (2) of that Act) 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.
(7) If 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.
(8) In this section—
"law enforcement agency" means—
(a) Victoria Police; or
(b) the Australian Federal Police.