Bushfires Management Act 2016

(1) If a person who lit a fire in the open air in an area that, on the commencement of a fire ban period, will be a fire ban area, is unable to extinguish the fire before that commencement, the person must, without delay, notify a fire control officer or fire warden of that fact.

(2) A fire control officer or fire warden who is notified of a fire under subsection (1) may give to the notifier any directions for controlling the fire that the officer or warden considers appropriate.

(a) the person has, before the commencement of a fire ban period, intentionally lit a fire in the open air; and

(b) the area in which the fire is lit is, on the commencement of the fire ban period, a fire ban area; and

(c) the person fails, before the commencement of the fire ban period, to:

(ii) notify a fire control officer or fire warden in accordance with subsection (1).

Maximum penalty: 200 penalty units or imprisonment for 2 years.

(5) A person who contravenes a direction given to the person under subsection (2) commits an offence.

Maximum penalty: 100 penalty units.

(6) An offence against subsection (5) is an offence of strict liability.

(7) It is a defence to a prosecution for an offence against subsection (5) if the defendant has a reasonable excuse.