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(Offences) Bill 1996
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
(a) to amend the following Acts:
*
the Bush Fires Act 1949
*
the Fire Brigades Act 1989
* the State Emergency and Rescue Management Act 1989
*
the State Emergency Service Act 1989
to increase the maximum penalty to 50 penalty units ($5,000) or
imprisonment for 2 years, or both, for offences of obstructing certain
personnel while they are exercising functions under each Act (for
example, fire fighters or members of SES units), and
(b) in addition, to amend the State Emergency and Rescue Management
Act 1989 to create an offence of obstructing members of accredited
rescue units acting in connection with a rescue operation or otherwise
in response to an emergency.
Clause 2 provides for the commencement of the proposed Act on a day or
days to be appointed by proclamation.
Clause 3 is a formal provision giving effect to Schedule 1 which contains
amendments to the Acts listed in the overview above.
Schedule 1 Amendment of Acts
Bush Fires Act 1949
Section 55 is amended to increase the maximum penalty for assaulting,
resisting, obstructing or using abusive language to (or inciting or encouraging
another person to act in such a manner towards) bush fire-fighting personnel
from 20 penalty units ($2,000) or 6 months imprisonment to 50 penalty units
or 2 years imprisonment, or both. (Schedule 1.1)
Fire Brigades Act 1989
Section 35 is amended to increase the maximum penalty for obstructing or
hindering fire-fighting and associated personnel exercising functions under
the Act from 10 penalty units ($1,000) to 50 penalty units or 2 years
imprisonment, or both. (Schedule 1.2)
State Emergency and Rescue Management Act 1989
Section 40 is amended to increase the maximum penalty for obstructing or
hindering certain persons exercising functions under the Act during a state of
emergency to 50 penalty units or 2 years imprisonment, or both (the current
maximum penalty for the offence being 50 penalty units). (Schedule 1.3 [l])
New section 62B is inserted into the Act to make it an offence to obstruct or
hinder a member of an accredited rescue unit acting in connection with a
rescue operation or otherwise in response to an emergency (maximum
penalty: 50 penalty units or 2 years imprisonment, or both). (Schedule 1.3
[2])
Explanatory note page 2
State Emergency Service Act 1989
Section 24 is amended to increase the maximum penalty for obstructing or
hindering emergency personnel exercising functions under the Act to 50
penalty units or 2 years imprisonment, or both (the current maximum penalty
for the offence being 50 penalty units). (Schedule 1.4)
Explanatory note page 3