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.