116Offence—lighting etc fire during total fire ban

116 Offence—lighting etc fire during total fire ban (a) the person lights, maintains or uses a fire, or uses a firework, in the open air in an area; and (b) a total fire ban is in force for the area. Maximum penalty: 200 penalty units, imprisonment for 2 years or (2) Strict liability applies to paragraph (1) (b).

Total fire bans Division 5.6.1 (3) Subsection (1) does not apply to— (a) a fire lit, maintained or used for fire prevention by anyone acting under this Act; or (b) the maintenance of a fire declared by the commissioner under section 117 to be an exempt fire; or (c) the lighting, maintenance or use of a fire, or the use of a firework, in accordance with a fire permit; or (d) a fire prescribed by regulation that is lit, maintained or used in accordance with a regulation.