Australian Capital Territory Current Acts

CRIMINAL CODE 2002 - SECT 409

    (1)     A person ( person A ) is not criminally responsible for an offence against this part if, when the conduct required for the offence was carried out—

        (a)     a person entitled to consent to the damage to the property concerned had consented; or

        (b)     person A believed that a person entitled to consent to the damage to the property concerned—

              (i)     had consented; or

              (ii)     would have consented if the person had known about the damage to the property and its circumstances.

    (2)     For the application of this defence to an offence against section 405 (Causing bushfires):

"damage", to property, means the risk of fire spreading to the property.