CRIMES AMENDMENT (BUSHFIRES) ACT 2002
 
 
- As at 17 June 2003
 
- Act 24 of 2002
 
 
 
 
 

TABLE OF PROVISIONS
 


TABLE OF PROVISIONS

1. Name of Act

2. Commencement

3. Amendment of Acts


SCHEDULE 1
SCHEDULE 2

 

CRIMES AMENDMENT (BUSHFIRES) ACT 2002
- LONG TITLE
 
 
An Act to amend the Crimes Act 1900 and the Criminal Procedure Act 1986 with
respect to causing bushfires.
 

CRIMES AMENDMENT (BUSHFIRES) ACT 2002
- SECT 1
Name of Act
 
 
1 Name of Act
This Act is the Crimes Amendment (Bushfires) Act 2002.
 

CRIMES AMENDMENT (BUSHFIRES) ACT 2002
- SECT 2
Commencement
 
 
2 Commencement
This Act commences on a day to be appointed by proclamation.
 

CRIMES AMENDMENT (BUSHFIRES) ACT 2002
- SECT 3
Amendment of Acts
 
 
3 Amendment of Acts
Each Act specified in Schedules 1 and 2 is amended as set out in those
Schedules.
 

CRIMES AMENDMENT (BUSHFIRES) ACT 2002
- SCHEDULE 1
 
 
SCHEDULE 1 – Amendment of Crimes Act 1900 No 40
(Section 3)
Part 4, Division 2, Subdivision 5
Insert after Subdivision 4 of Division 2 of Part 4:Subdivision 5 - Bushfires
     203D Definitions In this Subdivision:
     "causing a fire" includes:
          (a) lighting a fire, or
          (b) maintaining a fire, or
          (c) failing to contain a fire, except where the fire was
          lit by another person or the fire is beyond the control of
          the person who lit the fire.
     "firefighter" means a member of a fire brigade under the Rural Fires
     Act 1997 or the Fire Brigades Act 1989 or of any other official
     firefighting unit (including a unit from outside the State).
     "spread" of a fire means spread of a fire beyond the capacity of the
     person who causes the fire to extinguish it.
     203E Offence
          (1) A person:
               (a) who intentionally causes a fire, and
               (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 14 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 person caused 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.
 

CRIMES AMENDMENT (BUSHFIRES) ACT 2002
- SCHEDULE 2
 
 
SCHEDULE 2 – Amendment of Criminal Procedure Act 1986 No 209
(Section 3)
Schedule 1 Indictable offences triable summarily
Insert after item 9 in Table 1:
     9A Bushfires An offence under section 203E of the Crimes Act 1900.
 

CRIMES AMENDMENT (BUSHFIRES) ACT 2002
- NOTES
 

See also:
Statute Law (Miscellaneous Provisions) Bill
2003




 

CRIMES AMENDMENT (BUSHFIRES) ACT 2002
- NOTES
 

Historical notes
The following abbreviations are used in the Historical notes:

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Table of ActsCrimes Amendment (Bushfires) Act
2002 No 24. Second reading speech made: Legislative Assembly, 12.4.2002;
Legislative Council, 11.6.2002. Assented to 21.6.2002. Date of commencement,
19.7.2002, sec 2 and GG No 119 of 19.7.2002, p 5429.