(9) A person who is convicted or acquitted of an offence against section 32(1) is not liable to be prosecuted subsequently for an offence against subsection (1) in respect of the same circumstances. (10) Where 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. (11) For the purposes of subsection (10), a provision of this section is inconsistent with a law of the Commonwealth if it would be inconsistent within the meaning of section 109 of the Constitution of the Commonwealth. (12) In this section— means— law enforcement agency (a) Victoria Police; or (b) the Australian Federal Police; means an area within metropolitan area the radius of 15 kilometres of the intersection of Elizabeth Street and Bourke Street, Melbourne; includes the controls remotely piloted aircraft for the aircraft. 32B Governor may give authorisation S. 32B inserted by No. 31/2017 The Governor of a prison may, by instrument, s. 4. authorise a person, or a class of persons, to operate or attempt to operate a remotely piloted aircraft or a helicopter or to possess a remotely piloted aircraft in, at or outside but near the prison.
(9) A person who is convicted or acquitted of an offence against section 32(1) is not liable to be prosecuted subsequently for an offence against subsection (1) in respect of the same circumstances. (10) Where 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. (11) For the purposes of subsection (10), a provision of this section is inconsistent with a law of the Commonwealth if it would be inconsistent within the meaning of section 109 of the Constitution of the Commonwealth. (12) In this section— law enforcement agency means— (a) Victoria Police; or (b) the Australian Federal Police; metropolitan area means an area within the radius of 15 kilometres of the intersection of Elizabeth Street and Bourke Street, Melbourne; remotely piloted aircraft includes the controls for the aircraft. S. 32B inserted by No. 31/2017 s. 4. 32B Governor may give authorisation The Governor of a prison may, by instrument, authorise a person, or a class of persons, to operate or attempt to operate a remotely piloted aircraft or a helicopter or to possess a remotely piloted aircraft in, at or outside but near the prison.