Fire Services Act 1990

A person commits an offence against this Act if the person does or, as the case may be, fails to do any of the following acts—

fails to comply with any condition or direction contained in a notification, notice or permit given under this part in respect of the lighting of any fire;

leaves unattended or fails to take reasonable measures to extinguish a fire in such circumstances as to cause or be likely to cause danger from fire to any person or property or to the environment;

not acting in accordance with a notification, notice or permit given under this part, discards, propels or places any burning article or substance (or anything otherwise capable of causing fire)—

thereby causing a fire that endangers or is likely to endanger any person or property or the environment; or

in such circumstances as to be likely to cause a fire that would be likely to endanger any person or property or the environment;

wilfully and unlawfully destroys, damages, removes, covers or otherwise interferes with a notice relating to the lighting of fires displayed by the commissioner or by a rural fire brigade for the purposes of this Act;

knowingly provides any false or misleading information in respect of an application for a permit under section 145C;

without the consent of the commissioner, alters any particular shown in a permit granted under section 145C.

Maximum penalty—

if the offence is committed during a state of fire emergency at a place to which the declaration of emergency applies—250 penalty units or 1 year’s imprisonment; or

otherwise—50 penalty units or 6 months imprisonment.

In subsection (1)—property does not include property of the person alleged to have committed the offence in question.