Section 43

when the special authorisation is in effect;

using any equipment on board —

an unmanned aircraft while the unmanned aircraft is in flight or otherwise in operation; or

an autonomous vehicle or unmanned vessel when it is in motion or otherwise in operation; and

without the Commissioner’s permission,the operator of the unmanned aircraft, autonomous vehicle or unmanned vessel (as the case may be) and the individual making the picture or film if the individual 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.

it is not necessary for the prosecution to prove that an accused knew or had reason to believe that —

the premises concerned is the target area of a special authorisation; or

the unmanned aircraft, autonomous vehicle or unmanned vessel (as the case may be) had on board equipment for making pictures or films when flying, moving or otherwise in operation; but(b)it is a defence to the charge for the accused to prove, on a balance of probabilities, that the picture or film was not taken intentionally but was taken because of weather conditions or other unavoidable cause.

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

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;