(b) who is reckless
as to the spread of the fire to vegetation on any public land or on land
belonging to another,
is guilty of an offence.
: Maximum penalty--Imprisonment
for 21 years.
(2) For the purposes of this section, recklessness may also be
established by proof of intention.
(3) A person is not criminally responsible
for an offence against this section if--
(a) the person is a firefighter or
acting under the direction of a firefighter, and
(b) the personcaused the
fire in the course of bushfire fighting or hazard reduction operations.
(4)
If on the trial of a person for an offence against this section the jury is
not satisfied that the accused is guilty of the offence charged but is
satisfied on the evidence that the accused is guilty of an offence against
section 100 (1) of the Rural Fires Act 1997 , it may find the accused not
guilty of the offence charged but guilty of the latter offence, and the
accused is liable to punishment accordingly.