100Offences

#### 100 Offences 100 Offences > > (1) A person who, without lawful authority— > > > > > (a) sets fire or causes fire to be set to the land or property of another person, the Crown or any public authority, or > > > > > (b) being the owner or occupier of any land, permits a fire to escape from that land under such circumstances as to cause or be likely to cause injury or damage to the person, land or property of another person or the land or property of the Crown or a public authority, > > > > is guilty of an offence. > > > > Maximum penalty—1,000 penalty units or imprisonment for 5 years, or both. > > > (1A) In determining the penalty for an offence under subsection (1) that was committed when a total fire ban under Division 6 was in force in the part of the State in which the fire was set or was permitted to escape, the court must take the total fire ban into account as an aggravating factor. > > > > Note. > > > > Section 21A (2) of the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092) sets out other aggravating factors to be taken into account when determining the appropriate penalty for an offence. > > > (1B) A person who, without lawful authority— > > > > > (a) sets fire or causes fire to be set to the land or property of another person, the Crown or any public authority, or > > > > > (b) being the owner or occupier of any land, permits a fire to escape from that land under such circumstances as to cause or be likely to cause injury or damage to the person, land or property of another person or the land or property of the Crown or a public authority, > > > > knowing that a total fire ban under Division 6 is in force in the part of the State in which the fire is set or permitted to escape, is guilty of an offence. > > > > Maximum penalty—1,200 penalty units or imprisonment for 7 years, or both. > > > (1C) If on the trial of a person for an offence under subsection (1B) the trier of fact is not satisfied that the accused is guilty of the offence charged but is satisfied on the evidence that the accused is guilty of an offence under subsection (1), the trier of fact may find the accused not guilty of the offence charged but guilty of an offence under subsection (1), and the accused is liable to punishment accordingly. > > > (2) A person who, without lawful authority, leaves whether temporarily or otherwise any fire which the person has lit or used in the open air before the fire is thoroughly extinguished is guilty of an offence. > > > > Maximum penalty—50 penalty units or imprisonment for 12 months, or both. > > > (3) Nothing in subsection (2) requires any person to extinguish a fire in the open air that has been lit or used for the purpose of cooking, heating or preparing meals or boiling water or for any similar purpose in accordance with the regulations if, at the time of the person leaving it, the fire continues to be used by some other person. > > **s 100:** Am 2014 No 66, Sch 1 \[5\].