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This is a Bill, not an Act. For current law, see the Acts databases.

CRIMINAL CODE AMENDMENT (BUSHFIRES) BILL 2009

Serial 54
Criminal Code Amendment (Bushfires) Bill 2009
Ms Lawrie







A Bill for an Act to amend the Criminal Code
















NORTHERN TERRITORY OF AUSTRALIA

Criminal Code AMENDMENT (Bushfires) ACT 2009

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Act No. [ ] of 2009

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Table of provisions




NORTHERN TERRITORY OF AUSTRALIA

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Act No. [ ] of 2009

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An Act to amend the Criminal Code

[Assented to [ ] 2009]

[Second reading [ ] 2009]

The Legislative Assembly of the Northern Territory enacts as follows:

Short title

This Act may be cited as the Criminal Code Amendment (Bushfires) Act 2009.

Commencement

This Act commences on the date fixed by the Administrator by Gazette notice.

Act amended

This Act amends the Criminal Code.

New section 240A

After section 240

insert

240A Causing bushfires

(1) A person is guilty of a crime if:

(a) the person causes a fire; and

(b) there is a substantial risk that:

(i) the fire would spread to vegetation on property belonging to another person; and

(ii) the person would not be able to stop the spreading of the fire.

Fault elements:

The person:

(a) intends to cause the fire or is reckless as to causing the fire; and

(b) is reckless as to the risk.

Maximum penalty: Imprisonment for 15 years.

(2) Subsection (1) does not apply to a person who caused a fire for the purposes of fire management or land management (or both):

(a) in accordance with a law in force in the Territory (including, for example, the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth), the Bushfires Act and the Fire and Emergency Act); or

(b) in accordance with an agreement entered into by the Territory.

Example for subsection (2)(a)

A person who caused a fire in the course of carrying out fire management activities such as hazard reduction activities under the Fire and Emergency Act.

Example for subsection (2)(b)

A person who caused a fire in the course of carrying out fire management and land management activities under an agreement between the Territory and a private company established for the reduction of greenhouse gas emissions.

(3) In this section, a person causes a fire if the person:

(a) lights a fire; or

(b) maintains a fire.

Amendment to Schedule 1 (Provisions of Code to which Part IIAA applies)

Schedule 1, at the end

insert

Section 240A (Causing bushfires)


 

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