Page:Infrastructure Protection Act 2017.pdf/36

This page has been proofread, but needs to be validated.
INFRASTRUCTURE PROTECTION
37


(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—

“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;
“remotely piloted aircraft”, “unmanned aircraft” and “unmanned aircraft system” have the same respective meanings as in section 2(1) of the Air Navigation Act (Cap. 6).

Authorised officer to produce evidence of identity and authority

31.—(1) When exercising any power under section 27, 28, 29 or 30, an authorised officer must, on demand by any person affected by the exercise of that power, produce to that person evidence of the authorised person’s identity and authority to exercise that power.

(2) Despite any provision of this Act, it is not an offence for any person to refuse to comply with any request or direction of an authorised officer under any of the sections mentioned in subsection (1) if the authorised officer does not comply with that subsection.