201AIntentionally or recklessly causing a bushfire

201A Intentionally or recklessly causing a bushfire

(a) intentionally or recklessly causes a fire; and

(b) is reckless as to the spread of the fire to vegetation on property belonging to another—

is guilty of an offence and liable to level 4 imprisonment (15 years maximum).

(2) For the purposes of subsection (1)(b), circumstances in which a person is not to be taken to be reckless as to the spread of a fire include the following—

(a) the person caused the fire in the course of carrying out a fire prevention, fire suppression or other land management activity; and

(b) at the time the activity was carried out—

(i) there was in force a provision made by or under an Act or by a Code of Practice approved under an Act, that regulated or otherwise applied to the carrying out of the activity and the person in carrying out that activity acted in accordance with the provision; and

(ii) the person believed that his or her conduct in carrying out the activity was justified having regard to all of the circumstances.

(3) For the purposes of subsection (2)(b)(ii) it is sufficient that a person honestly believed that the conduct was justified.

(a) a reference to causing a fire includes—

(i) lighting a fire;

(ii) maintaining a fire;

(iii) 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;

(b) spread of the fire means spread of the fire beyond the capacity of the person who caused the fire to extinguish it.

S. 202 repealed by No. 9228 s. 2(1)(c), new s. 202 inserted by No. 9228 s. 2(1)(d), amended by No. 57/1989 s. 3(Sch. item 42.9(a)–(c)).