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CRIMINAL CODE AMENDMENT (BUSHFIRES) BILL 2009

Serial 54
Criminal Code Amendment (Bushfires) Bill 2009
Ms Lawrie

A Bill for an Act to amend the Criminal Code

NORTHERN TERRITORY OF AUSTRALIA

CRIMINAL CODE AMENDMENT (BUSHFIRES) ACT 2009

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Act No. [ ] of 2009

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Table of provisions

240A Causing bushfires

NORTHERN TERRITORY OF AUSTRALIA

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Act No. [ ] of 2009

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An Act to amend the Criminal Code

[Assented to [ ] 2009]

[Second reading [ ] 2009]

The Legislative Assembly of the Northern Territory enacts as follows:

1 Short title

This Act may be cited as the Criminal Code Amendment (Bushfires) Act 2009.

2 Commencement

This Act commences on the date fixed by the Administrator by Gazette notice.

3 Act amended

This Act amends the Criminal Code.

4 New section 240A

After section 240

insert

240A Causing bushfires

(1) A person is guilty of a crime if:

(a) the person causes a fire; and

(b) there is a substantial risk that:

(i) the fire would spread to vegetation on property belonging to another person; and

(ii) the person would not be able to stop the spreading of the fire.

Fault elements:

The person:

(a) intends to cause the fire or is reckless as to causing the fire; and

(b) is reckless as to the risk.

Maximum penalty: Imprisonment for 15 years.

(2) Subsection (1) does not apply to a person who caused a fire for the purposes of fire management or land management (or both):

(a) in accordance with a law in force in the Territory (including, for example, the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth), the Bushfires Act and the Fire and Emergency Act); or

(b) in accordance with an agreement entered into by the Territory.

Example for subsection (2)(a)

A person who caused a fire in the course of carrying out fire management activities such as hazard reduction activities under the Fire and Emergency Act.

Example for subsection (2)(b)

A person who caused a fire in the course of carrying out fire management and land management activities under an agreement between the Territory and a private company established for the reduction of greenhouse gas emissions.

(3) In this section, a person causes a fire if the person:

(a) lights a fire; or

(b) maintains a fire.

5 Amendment to Schedule 1 (Provisions of Code to which Part IIAA applies)

Schedule 1, at the end

insert

Section 240A (Causing bushfires)

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