Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) A person is guilty of an offence if, in a public area:
(a) the person lights, maintains or uses a fire; and
(b) the fire is not in:
(i) a portable barbecue or portable stove that uses liquefied petroleum gas; or
(ii) a fireplace made available by the Commonwealth for use by persons in the public area.
Penalty: 5 penalty units.
(2) An offence under this by‑law is an offence of strict liability.
Note For strict liability , see section 6.1 of the Criminal Code .
(3) It is a defence if the fire is lit, maintained or used in accordance with a written consent given by the commanding officer or a ranger.
Note A defendant bears an evidential burden in relation to the matter in sub‑by‑law (3) (see section 13.3 of the Criminal Code ).
(4) It is a defence if the fire was reasonably necessary in circumstances that constituted an emergency.
Note A defendant bears an evidential burden in relation to the matter in sub‑by‑law (4) (see section 13.3 of the Criminal Code ).