2014
2014
2014-10-29
act
government
publicspecial
act.reprint
allinforce
2014-09-16
2014-09-16
0
2014-10-29
act-1987-015
2014
none
act-2014-066
b8357e84-6ea1-41a1-a4b6-96a3daea4972
5987ded1-0abe-407f-bd9e-4fa34b652707
Repeal:
The Act was repealed by sec 30C of the Interpretation Act 1987 No 15 with
effect from 29.10.2014.
An Act to amend theRural
Fires Act 1997 and other legislation to make further
provision with respect to fire-related offences and fire
permits.
1Name of
Act
This Act is the Rural Fires
Amendment Act 2014.
2Commencement
This Act commences on the date of assent to this
Act.
Schedule 1Amendment of Rural Fires Act 1997 No
65
[1]Section 89 Issue of
permits
Omit “must not issue a fire permit for a
purpose unless” from section 89 (2).
Insert instead “may issue a fire permit for
a purpose only if”.
[2]Section 89 (2)
(c)
Insert at the end of section 89 (2) (b):
, or
(c)
lighting a fire for the purpose does not
contravene any other Act or law.
[3]Section 99A
Offences—discarding lighted cigarettes etc
Insert “(a fire risk object)” after
“incandescent material”.
[4]Section 99A
(2)–(10)
Insert at the end of section 99A:
(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:
(a)
gives notice in accordance with subsection (9) of
the name and address of the person who was in charge of the motor vehicle at
the relevant time, or
(b)
satisfies the officer who gave the penalty notice
for the offence or the court dealing with the offence (as the case requires)
that the owner did not know, and could not with reasonable diligence have
ascertained, that name and address.
A notice under this subsection is, in proceedings
against the person named in the notice for an offence under subsection (1),
evidence that the person was driving the motor vehicle at the relevant
time.
(8)Exception for driver when not
offender
Subsection (2) (a) does not apply if the
driver:
(a)
gives notice in accordance with subsection (9) of
the name and address of the passenger in the motor vehicle who discarded the
fire risk object, or
(b)
satisfies the officer who gave the penalty notice
for the offence or the court dealing with the offence (as the case requires)
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.
A notice under this subsection is, in proceedings
against the person named in the notice for an offence under subsection (1),
evidence that the person discarded the fire risk object from the motor
vehicle.
(9)Notice given by owner or
driver
A notice for the purposes of subsection (7) (a)
or (8) (a) must be verified by statutory declaration and:
(a)
if a penalty notice has been given for the
offence—the notice must be given to an officer specified in the penalty
notice for the purpose within 28 days after service of the penalty notice,
or
(b)
if a court is dealing with the offence—the
notice must be given to the prosecutor within 28 days after service of the
summons or court attendance notice for the offence.
(10)Definitions
In this section:
motor
vehicle and owner of a motor vehicle have the
same meanings as in the Road Transport Act
2013.
[5]Section 100
Offences
Insert after section 100 (1):
(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 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.
[6]Section 134 Proceedings for
offences
Insert “or (1B)” after “section
100 (1)” wherever occurring.
[7]Schedule 3 Savings,
transitional and other provisions
Insert after Part 6:
Part 7Provisions consequent on
enactment of Rural Fires Amendment Act
2014
27Definition
In this Part:
amending
Act means the Rural Fires
Amendment Act 2014.
28Application of
amendments
(1)
The amendments made to section 99A by the
amending Act do not apply to an offence under that section committed before
the commencement of the amending Act.
(2)
Section 100 (1A) (as inserted by the amending
Act) does not apply to an offence under section 100 (1) committed before the
commencement of the amending Act.
Schedule 2Amendment of other
legislation
2.1Rural Fires Regulation
2013
[1]Schedule 2 Penalty notice
offences
Insert “(1)” after “Section
99A” in Column 1 of Part 1.
[2]Schedule 2, Part
1
Insert “(1) or” after “Section
100” in Column 1.
2.2Criminal Procedure Act 1986 No
209
[1]Section 268 Maximum penalties
for Table 2 offences
Insert “or (1B)” after “section
100 (1)” in section 268 (2) (h).
[2]Schedule 1 Indictable offences
triable summarily
Insert “or (1B)” after “section
100 (1)” in clause 9 of Table 2.
Historical
notes
Table of amending
instruments
Rural Fires
Amendment Act 2014 No 66. Assented to 28.10.2014. Date of
commencement, assent, sec 2.