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Forest and Rural Fires Act 1977  052
Commenced: 1 Apr 1979
IV: General Provisions
61   Offences




   61. Offences---(1) Every person commits an offence against this Act
 who---
   (a) Wilfully acts in contravention of or fails to comply with any fire
         control measure lawfully issued or required by or under
         authority of a Fire Authority or Fire Officer pursuant to this
         Act:
   (b) Wilfully gives or causes to be given, or attempts to give or cause
         to be given, to any Fire Officer any false alarm of fire:
   (c) Resists, obstructs, hinders, or deceives the [Secretary, or any]
         Fire Officer, employee or servant of a Fire Authority, or any
         officer, employee, servant or member of any brigade, or any
         other person in the exercise, or attempted exercise, of any
         power or the performance, or attempted performance, of any
         function or duty conferred or imposed by or under this Act:
   (d) Wilfully removes, defaces, obscures, or otherwise renders
         ineffective or inoperative any forest gate, or any notice board,
         placard, indicator, or other warning or precautionary sign set
         up for the purpose of fire control:
   (e) Wilfully prevents, obstructs, interferes with, impairs, or
         otherwise renders inoperative or less effectual any apparatus or
         any other fire control measure.

   (2) Every person who commits an offence against section 20 or section
 21 of this Act shall be liable on summary conviction---
   (a) In the case of an individual, to imprisonment for a period not
         exceeding 6 months, or to a fine not exceeding $2,000; and, if
         the offence is a continuing one, to a further fine not exceeding
         $200 for every day during which the offence continues:
   (b) In the case of a body corporate, to a fine not exceeding $10,000,
         and, if the offence is a continuing one, to a further fine not
         exceeding $1,000 for every day during which the offence
         continues.

   (3) Every person who commits an offence against any of sections 23,
 25, 26 and 40 of this Act shall be liable on summary conviction---
   (a) In the case of an individual, to imprisonment for a period not
         exceeding 2 months, or to a fine not exceeding $1,500; and, if
         the offence is a continuing one, to a further fine not exceeding
         $150 for every day during which the offence continues:
   (b) In the case of a body corporate, to a fine not exceeding $7,500,
         and, if the offence is a continuing one, to a further fine not
         exceeding $750 for every day during which the offence continues.

   (4) Every person who commits an offence under any other provision of
 this Act, being a provision in respect of which no penalty is otherwise
 provided for, shall be liable on summary conviction---
   (a) In the case of an individual, to imprisonment for a period not
         exceeding one month, or to a fine not exceeding $400, or to both
         such imprisonment and such fine; and, if the offence is a
         continuing one, to a further fine not exceeding $40 for every
         day during which the offence continues:
   (b) In the case of a body corporate, to a fine not exceeding $2,000,
         and, if the offence is a continuing one, to a further fine not
         exceeding $200 for every day during which the offence continues.

   (5) Every person who is convicted of any offence against this Act
 shall be liable for any costs, loss, damage or expense that is incurred
 or suffered by any Fire Authority and is caused by the act constituting
 the offence in addition to the penalty for the offence, and the amount
 payable in respect of that liability may, on application to the Court by
 the informant or Fire Authority, be awarded by the Court in fixing the
 penalty and may be recovered as a fine. In assessing the amount so
 payable the Court may take into account the costs and other expenses
 incurred in the investigation of the act constituting the offence and in
 remedying the damage caused by that act and all other relevant factors.

   (6) Where any money is recovered under section 58 of the National
 Parks Act 1952 or under [section 105 of the Reserves Act 1977] or under
 any other enactment in respect of any costs, loss, damage or expense
 incurred or suffered by a Fire Authority in extinguishing or attempting
 to extinguish any fire, the money so recovered shall be paid to the Fire
 Authority.

   (7) Repealed by s. 32 (1) of the State-Owned Enterprises Act 1986.

   (8) Proceedings against any person who, outside of a district, lights
 a fire in the open air without a special permit under section 24 of this
 Act in any area where a warning is in force under section 20 (1) of this
 Act may, without complying with the requirements of subsection (7) of
 this section, be taken by any local authority having territorial
 jurisdiction over the place where the fire was lit.
     Cf. 1955, No. 44, s. 57

       In subs. (1) (c) the words in square brackets were substituted for
     the former words by s. 32 (1) of the State-Owned Enterprises Act
     1986.
       In subs. (6) the National Parks Act 1952 was repealed and replaced
     by the National Parks Act 1980; and s. 105 of the Reserves Act 1977,
     being the corresponding enactment in force at the date of this
     reprint, has been substituted for s. 92 of the repealed Reserves and
     Domains Act 1953.
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