CRIMES (BUSHFIRES) AMENDMENT ACT 2002  (No 9 of 2002)

- TABLE OF PROVISIONS

1. Name of Act  
2. Commencement  
3. Act amended  
4. Interpretation  
5. New section 118A  
118A. Causing bushfires  
ENDNOTES

CRIMES (BUSHFIRES) AMENDMENT ACT 2002
- LONG TITLE
An Act to amend the Crimes Act 1900   
    

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

CRIMES (BUSHFIRES) AMENDMENT ACT 2002
- SECT 2
Commencement
This Act commences on the day after its notification day.
Note      The naming and commencement provisions automatically commence
on the notification day (see Legislation Act 2001, s 75).

CRIMES (BUSHFIRES) AMENDMENT ACT 2002
- SECT 3
Act amended
This Act amends the Crimes Act 1900.

CRIMES (BUSHFIRES) AMENDMENT ACT 2002
- SECT 4
Interpretation

Section
115 (5) and (6)
omit
For the purposes of this division,
substitute
For section 116 (Destroying or damaging property) and section 117
(Arson),

CRIMES (BUSHFIRES) AMENDMENT ACT 2002
- SECT 5
New section 118A
insert

CRIMES (BUSHFIRES) AMENDMENT ACT 2002
- SECT 118A
Causing bushfires
     (1)     A person commits an offence if the person--
         (a)     intentionally or recklessly causes a fire; and
         (b)     is reckless about the spread of the fire to vegetation on property
belonging to someone else.
Maximum penalty: imprisonment for 15 years.
     (2)     A person (person A) is not criminally responsible for an
offence against this section in relation to the spread of a fire to vegetation
on property (the relevant property) belonging to someone else if,
when person A caused the fire--
         (a)     the person entitled to consent to the risk of fire spreading to the
relevant property had consented; or
         (b)     person A believed that the person entitled to consent, or the person
that person A believed was entitled to consent--
               (i)     had consented; or
               (ii)     would have consented if the person had known about the risk of fire
spreading to the relevant property.
     (3)     In this section:
"causes" a fire--a person causes a fire if
the person does any of the following:
         (a)     lights a fire;
         (b)     maintains a fire;
         (c)     fails to contain or extinguish a fire that was lit by the person if it
is not beyond the person's capacity to contain or extinguish it.
"spread", of a fire, means spread of the fire beyond the
capacity of the person who caused the fire to contain or extinguish
it.
     (4)     The Criminal Code 2001 applies to an offence against this
section, even if the Code is not otherwise in force.
Note     The Criminal Code, ch 2 sets out the general principles of
criminal responsibility.

CRIMES (BUSHFIRES) AMENDMENT ACT 2002
- NOTES Endnotes

Endnote
Republications of amended laws
1     For the latest republication of amended laws, see
www.legislation.act.gov.au.

[Presentation speech made in Assembly on 21 February
2002]
I certify that the above is a true copy of the
Crimes (Bushfires) Amendment Bill 2002 which was passed by the Legislative
Assembly on 7 May 2002.                         Clerk of the Legislative
Assembly
(c) Australian Capital Territory
2002

CRIMES (BUSHFIRES) AMENDMENT ACT 2002
- NOTES

Australian Capital
Territory
2002 No 9
Notified under the Legislation Act 2001 on 13 May
2002(see www.legislation.act.gov.au)