74Fires not to be left unattended

74 Fires not to be left unattended (1) A person commits an offence if: (a) the person intentionally lights a fire in the open air; and (b) the fire is: (i) within a fire protection zone; or (ii) within a fire danger area during a fire danger period; and (c) the person intentionally leaves the fire without extinguishing it. Maximum penalty: 500 penalty units or imprisonment for 5 years. (2) Strict liability applies to subsection (1)(b). (3) It is a defence to a prosecution for an offence against subsection (1) if the defendant had, before leaving the fire, in circumstances in which it was reasonable to do so, arranged with another person who was maintaining or using the fire, to not leave the fire unless that person: (a) extinguishes the fire; or Part 4 Controls on fire activities in zones and areas Division 2 Controls in fire protection zones and fire danger areas Bushfires Management Act 2016 30 (b) makes the same arrangement with another person who is maintaining or using the fire.