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Criminal Code Act 1983
244Bushfires
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244 Bushfires
(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
Criminal Code Act 1983 257
(ii) the person would not be able to stop the spreading of
the fire.
(a) intentionally causes 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 Management Act 2016 and the
Fire and Emergency Act) 1996; 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 1996.
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) For this section, a person causes a fire if the person:
(a) lights a fire; or
(b) maintains a fire.