Drones are really useful and convenient in many situations. They are controversial and continue to raise debates in many countries.
Drones allow us to film and fly over people’s houses and property. It has many privacy concerns. There are laws for consent to film or record video and audio conversations.
The laws were written long before the invention of drones. Consequently, people have arguments for and against the proper use of machines.
People also have a right to enjoy privacy in their own homes. The topic leads many people to wonder:
Can a Drone Fly Over My House Australia?
No, at least not legally. No one should fly a drone within your property without your permission. The Australian property laws don’t allow people to record others within their properties.
You can report anyone flying a drone over your property to the Civil Aviation Safety Authority. The body is in charge of dealing with such violations.
Australian Drone Laws And Restrictions
Australia is among the many countries that regulate flying drones in their airspace. Because of the regulations, it has fewer cases of drone accidents. The Civil Aviation Safety Authority set the laws with the help of the legislative body.
These rules cover many concerns from safety to privacy.
You cannot fly your drone at night. The law forbids people from flying drones outside approved hours.
It further states that the drone must be within your line of sight. You, therefore, can’t use machines to track the drone’s position.
You are not allowed to fly your drove higher than 120 meters. The height limits are a matter of safety and privacy.
All drones must stay at the height of 400 feet or less. The laws ensure that your drone doesn’t interfere with other aircraft.
The distance laws also keep people safe You should fly your drone at least 30 meters away from other people.
The laws keep people safe and prevent you from interfering with other people’s personal space. You cannot fly close to people, especially in public places.
Australia has strict laws about filming in such a way that affects public safety. If your actions directly endanger someone else, you will be criminally liable. Ensure that you stay safe as you fly your drone.
There are different laws about flying in areas where emergency operations are happening. It is illegal to fly over the areas.
It includes rescue operations such as those involving fires. You also can’t fly your drone over accident scenes.
Australia limits flying drones in public spaces because of safety. You are generally not allowed to fly your drone over other people’s heads in public spaces.
It includes streets, parks, and sporting events. You can, however, private film events on your property.
You can also film in public spaces when other people are not around. How many drones can you legally fly at a time in Australia? The answer is one. You should never operate more than one drone or UAV simultaneously.
The regulation is a safety requirement.
The Civil Aviation Safety Authority in Australia has weight limits on filming certain areas. The body sets weight limits on filming near airports.
You should keep your drone at least 5.5 km away from an airport if its net weight exceeds 250 grams.
You must get a Civil Aviation Safety Authority license before flying a drone for commercial reasons.
It is illegal to fly without a license within Australian airspace. It applies to all drones that weigh less than 2 kg.
Penalties For Violating Drone Laws
You should be aware of Australian drone laws before flying within the airspace. There are punishments for violating the laws.
If you violate Australian drone law, the Civil Aviation Safety Authority will notify you in writing of the offense. The notice includes the violation you committed.
The notice should include the punitive action CASA will take. It might be in the form of a fine. For fines, the body gives an offending party a 30 days payment window after issuing a notice of the violation.
The maximum fine is 1100 Australian Dollars for each offense you commit.
The Civil Aviation Safety Authority may also require that you appear before a court of law.
The fines for court appearances are much higher, up to 11000 dollars. If you appear in court for a drone violation, the court could bar you from flying in the future. In some cases, you could get convicted of a crime.
Violations for flying near airports are severe compared to flying in other areas. Endangering other aircraft can and will land you in legal trouble.
You could spend up to two years in jail for flying in airports and other protected areas. The fines are also hefty, with a maximum of 26640 Australian Dollars.
Ensure you go through several legal regulations before flying drones. Some regions within Australia have slightly different drone regulations and different penalties for each violation.
The punishments are harsher if you are a repeat offender.
Recording And Consent Laws In Australia
One of the most useful features of any drone is the recording functions. Several legal concerns about using drones to record public or even private conversations. But what does the law say about recording using drones?
In nearly all cases, you require the consent of both parties to film any conversation. There are, however, special circumstances where you can record without consulting the other party.
You can record a conversation using your drone if you believe it is in your lawful interest. Lawful interest must meet certain criteria:
- The recording is necessary to anticipate a future dispute, and the facts must be there.
- The recording can suffice as oral evidence if facts are in dispute.
- There was no reasonable substitute for the secret recording, such as official policy statements.
- The recording is necessary to prove that you are not making up a story or conversation.
The recording was unintentional, and it is not a civil or criminal wrong. You might inadvertently record a conversation in a public setting. It might occur accidentally recording conversations while your phone was in your pocket.
The recording intentions matter. It is illegal to record a private conversation to play it back to a separate party. Publishing private conversations is illegal as it violates the non-consenting party’s privacy.
Did you know that it is possible to procure a warrant to record a conversation in extenuating circumstances? You can go through the proper channels and get a warrant that allows you to record private conversations.
You would have to give credible reasons to record such conversations. You can record conversations without legal consequences if you get granted emergency authorization.
There are several rules about recording conversations with members of law enforcement. You reserve the right not to consent to an interview with a member of the NSW Police Force.
You can record yourself as evidence that you do not consent to any interview. These interviews could potentially harm your defense in court.
It is legal to use the video or audio feed to locate or retrieve a device. You can track the device using a live video feed to locate it. It may include tracking chips or camera recordings.
Members of the NSW Police Force get issued with tasers. These tasers have audio devices inside them.
The audio devices provide information about the officers’ circumstances using these tasers. In such cases, there is no need for consent for recording.
You can record an officer in a private conversation if they participate in a legal operation. It is only applicable where you believe that the officer is using a fake name or is being dishonest with their identity.
To record an officer in the above situation, you must be an active participant in the legal operation. You can also record the conversation if you are an authorized participant in the legal operation.
The courts will go through your recordings and take your statement to know whether your non-consent recording is legal. Even in cases where it is legal, you have to know that drone laws still apply.
Conclusion
Is it Legal for a Drone to Fly Over My House Australia? No. No one should fly a drone on your property without your permission. Property rules in Australia prohibit people from filming others within the bounds of their homes.
You should report people flying over your property to the Civil Aviation Safety Authority. The organization is in charge of dealing with such infractions.
There are rules governing the permission to shoot or record video and audio interactions.
Parliament drafted the laws long before the invention of drones. As a result, individuals have reasons for and against good machine use. The law, on the other hand, is clear.
