99AOffences—discarding lighted cigarettes etc

99A Offences—discarding lighted cigarettes etc

99A Offences—discarding lighted cigarettes etc

(1) A person must not, without lawful authority, discard a lighted tobacco product or match or any incandescent material (a fire risk object) on any land.

Maximum penalty—

(a) except as provided by paragraph (b)—50 penalty units, or

(b) in the case of an offence committed during a total fire ban under Division 6 in the part of the State concerned—100 penalty units.

(2) Driver and owner of vehicle deemed guilty If a fire risk object is, in contravention of subsection (1), 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 that 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.

(3) Only one person liable Subsection (2) 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. In this subsection, penalty includes a penalty under a penalty notice.

(4) Exception for passenger vehicles Subsection (2) 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.

(5) Exception for stolen vehicles Subsection (2) (b) does not apply if the motor vehicle was at the time a stolen motor vehicle or a motor vehicle illegally taken or used.

(6) Exception for stolen trailers Subsection (2) (c) does not apply if the trailer was at the time a stolen trailer or a trailer illegally taken or used.

(7) Exception for owner when not driver Subsection (2) (b) or (c) does not apply if the owner was not in the motor vehicle, including the motor vehicle to which the trailer was attached, at the relevant time and—