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Crimes Act 1900 No 40
Current version for 2 October 2019 to date (accessed 18 November 2019 at 09:59)
In this Division—includes—lighting a fire, ormaintaining a fire, orfailing to contain a fire, except where the fire was lit by another person or the fire is beyond the control of the person who lit the fire.Rural Fires Act 1997 or the Fire and Rescue NSW Act 1989 or of any other official firefighting unit (including a unit from outside the State).means a member of a fire brigade under theof a fire means spread of a fire beyond the capacity of the person who causes the fire to extinguish it.
A person—who intentionally causes a fire, andis guilty of an offence.who is reckless as to the spread of the fire to vegetation on any public land or on land belonging to another,Maximum penalty—Imprisonment for 21 years.For the purposes of this section, recklessness may also be established by proof of intention.A person is not criminally responsible for an offence against this section if—the person is a firefighter or acting under the direction of a firefighter, andthe person caused the fire in the course of bushfire fighting or hazard reduction operations.Rural Fires Act 1997, it may find the accused not guilty of the offence charged but guilty of the latter offence, and the accused is liable to punishment accordingly.If on the trial of a person for an offence against this section the jury 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 against section 100 (1) of the