86KLeaving or depositing fire risk objects

86K Leaving or depositing fire risk objects

Definition of fire risk object (1) A fire risk object is: (a) a lit tobacco product; or (b) a lit match; or (c) incandescent material. Offence (2) A person commits an offence if the person discards a fire risk object on any land.

Penalty: 30 penalty units.

Aggravated offence (3) A person commits an offence if: (a) the person discards a fire risk object on any land; and (b) the person does so while an order is in force to which Division 7 (total fire bans) applies in the part of the Territory concerned.

Penalty: 60 penalty units.

Driver and owner of vehicle deemed guilty (4) If a fire risk object is, in contravention of subsection (2) or (3), discarded from a motor vehicle, or from a trailer attached to a motor vehicle, the following are taken to be guilty of an offence under the subsection: (a) in the case of a fire risk object discarded from a motor vehicle—the driver of the motor vehicle; (b) in the case of a fire risk object discarded from a motor vehicle—the owner of the motor vehicle; (c) in the case of a fire risk object discarded from a trailer attached to a motor vehicle—the owner of the trailer. Only one person liable (5) Subsection (4) does not affect the liability of the actual offender but, if a penalty has been imposed on or recovered from any person in relation to the offence (whether the actual offender, the driver or the owner), no further penalty may be imposed on or recovered from any other person. Exception for passenger vehicles (6) Subsection (4) does not apply if: (a) the motor vehicle is a bus, taxi or other public transport vehicle and is being used at the time to convey a public passenger; and (b) the fire risk object was discarded by that passenger. Exception for stolen vehicles (7) Paragraph (4)(b) does not apply if the motor vehicle was at the time a stolen motor vehicle or a motor vehicle illegally taken or used. Exception for stolen trailers (8) Paragraph (4)(c) does not apply if the trailer was at the time a stolen trailer or a trailer illegally taken or used. Exception for owner when not driver (9) Paragraph (4)(b) or (c) does not apply if the owner: (a) was not in the motor vehicle, including the motor vehicle to which the trailer was attached, at the relevant time; and (b) either: (i) gives notice in accordance with subsection (13) of the name and address of the person who was in charge of the motor vehicle at the relevant time; or (ii) satisfies the court dealing with the offence that the owner did not know, and could not with reasonable diligence have ascertained, that name and address. (10) A notice under subsection (9) is, in proceedings against the person named in the notice for an offence under subsection (2) or (3), evidence that the person was driving the motor vehicle at the relevant time. Exception for driver when not offender (11) Paragraph (4)(a) does not apply if the driver: (a) gives notice in accordance with subsection (13) of the name and address of the passenger in the motor vehicle who discarded the fire risk object; or (b) satisfies the court dealing with the offence that the driver did not discard the fire risk object and did not know, and could not with reasonable diligence have ascertained, the name and address of the passenger who discarded the fire risk object. (12) A notice under subsection (11) is, in proceedings against the person named in the notice for an offence under subsection (2) or (3), evidence that the person discarded the fire risk object from the motor vehicle. Notice given by owner or driver (13) A notice for the purposes of subparagraph (9)(b)(i) or paragraph (11)(a) must be: (a) verified by statutory declaration; and (b) given to the prosecutor within 28 days after service of the summons or court attendance notice for the offence. Application of terms used in the Road Transport Act 2013 (NSW) (14) A term used in this section has the same meaning as in the Road Transport Act 2013 (NSW), as in force at the time the Jervis Bay Territory Rural Fires Amendment (Miscellaneous Measures) Ordinance 2019 commenced.