Singapore legislation

Section 30

of Infrastructure Protection Act 2017

Section 30

Prohibited photography using unmanned aircraft

(1)

The powers under subsection (3) are only exercisable by an authorised officer of a protected area or a protected place who is designated by the Commissioner of Police for the purposes of this section (called in this section the designated authorised officer).

(2)

In designating an authorised officer under subsection (1), the Commissioner of Police may do all or any or the following:

(a)

limit the powers in subsection (3) that the designated authorised officer may exercise;

(b)

limit when or where the designated authorised officer may exercise any power under subsection (3);

(c)

limit the circumstances in which the designated authorised officer may exercise any power under subsection (3).

(3)

Where a designated authorised officer of a protected area or a protected place has any reason to suspect that an unmanned aircraft is being operated to take any photograph of that protected area or that protected place without the permission of its authority, the designated authorised officer may do one or more of the following:

(a)

direct any person whom the designated authorised officer reasonably believes to be involved in the operation of the unmanned aircraft —

(i)

to end the flight of the unmanned aircraft, or land it, safely in the fastest practicable way; or

(ii)

to fly the unmanned aircraft in the manner specified by the designated authorised officer;

(b)

without warrant, and with such assistance and by such force as is necessary —

(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

(ii)

the unmanned aircraft had on board equipment for taking photographs when flying; but(b)it is a defence to the charge for the accused to prove, on a balance of probabilities, that the photograph was not taken intentionally but was taken because of weather conditions or other unavoidable cause.

(7)

In this section —

Definition

“operator”, for an unmanned aircraft, means a person who is engaged in the operation of the unmanned aircraft, and where the unmanned aircraft is a remotely piloted aircraft, includes —

(a)

the person who causes the remotely piloted aircraft to fly; and

(b)

the remote pilot of the aircraft with duties essential to the operation of the remotely piloted aircraft, such as manipulating the flight controls as appropriate during flight time, if the remote pilot is not the operator;

Definition

“remotely piloted aircraft”, “unmanned aircraft” and “unmanned aircraft system” have the meanings given by section 2(1) of the Air Navigation Act 1966.