South Australian Consolidated Acts

CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 85B

85B—Special provision for causing a bushfire

        (1)         A person who causes a bushfire—

            (a)         intending to cause a bushfire; or

            (b)         being recklessly indifferent as to whether his or her conduct causes a bushfire,

is guilty of an offence.

Maximum penalty: Imprisonment for 20 years.

        (2)         A bushfire is a fire that burns, or threatens to burn, out of control causing damage to vegetation (whether or not other property is also damaged or threatened).

        (3)         An offence is not committed against this section if—

            (a)         the bushfire only damages vegetation (or other property) on either or both of the following:

                  (i)         the land of the person who causes the fire;

                  (ii)         the land of a person who authorised, or consented, to the act of the person who caused the fire; or

            (b)         the bushfire results from operations genuinely directed at preventing, extinguishing or controlling a fire.