New South Wales Consolidated Acts

RURAL FIRES ACT 1997 - SECT 99A

99A Offences--discarding lighted cigarettes etc

(1) A person must not, without lawful authority, discard a lighted tobacco product or match or any incandescent material (a
"fire risk object" ) on any land.

: Maximum penalty--

(a) except as provided by paragraph (b)--50 penalty units, or

(b) in the case of an offence committed during a total fire ban under Division 6 in the part of the State concerned--100 penalty units.

(2) Driver and owner of vehicle deemed guilty If a fire risk object is, in contravention of subsection (1), discarded from a motor vehicle, or from a trailer attached to a motor vehicle, the following are taken to be guilty of an offence under that subsection--

(a) in the case of a fire risk object discarded from a motor vehicle--the driver of the motor vehicle,

(b) in the case of a fire risk object discarded from a motor vehicle--the owner of the motor vehicle,

(c) in the case of a fire risk object discarded from a trailer attached to a motor vehicle--the owner of the trailer.

(3) Only one person liable Subsection (2) does not affect the liability of the actual offender but, if a penalty has been imposed on or recovered from any person in relation to the offence (whether the actual offender, the driver or the owner), no further penalty may be imposed on or recovered from any other person. In this subsection,
"penalty" includes a penalty under a penalty notice.

(4) Exception for passenger vehicles Subsection (2) does not apply if--

(a) the motor vehicle is a bus, taxi or other public transport vehicle and is being used at the time to convey a public passenger, and

(b) the fire risk object was discarded by that passenger.

(5) Exception for stolen vehicles Subsection (2) (b) does not apply if the motor vehicle was at the time a stolen motor vehicle or a motor vehicle illegally taken or used.

(6) Exception for stolen trailers Subsection (2) (c) does not apply if the trailer was at the time a stolen trailer or a trailer illegally taken or used.

(7) Exception for owner when not driver Subsection (2) (b) or (c) does not apply if the owner was not in the motor vehicle, including the motor vehicle to which the trailer was attached, at the relevant time and--

(a) gives notice in accordance with subsection (9) of the name and address of the person who was in charge of the motor vehicle at the relevant time, or

(b) satisfies the officer who gave the penalty notice for the offence or the court dealing with the offence (as the case requires) that the owner did not know, and could not with reasonable diligence have ascertained, that name and address.

A notice under this subsection is, in proceedings against the person named in the notice for an offence under subsection (1), evidence that the person was driving the motor vehicle at the relevant time.

(8) Exception for driver when not offender Subsection (2) (a) does not apply if the driver--

(a) gives notice in accordance with subsection (9) of the name and address of the passenger in the motor vehicle who discarded the fire risk object, or

(b) satisfies the officer who gave the penalty notice for the offence or the court dealing with the offence (as the case requires) that the driver did not discard the fire risk object and did not know, and could not with reasonable diligence have ascertained, the name and address of the passenger who discarded the fire risk object.

A notice under this subsection is, in proceedings against the person named in the notice for an offence under subsection (1), evidence that the person discarded the fire risk object from the motor vehicle.

(9) Notice given by owner or driver A notice for the purposes of subsection (7) (a) or (8) (a) must be verified by statutory declaration and--

(a) if a penalty notice has been given for the offence--the notice must be given to an officer specified in the penalty notice for the purpose within 28 days after service of the penalty notice, or

(b) if a court is dealing with the offence--the notice must be given to the prosecutor within 28 days after service of the summons or court attendance notice for the offence.

(10) Definitions In this section--

"motor vehicle" and
"owner" of a motor vehicle have the same meanings as in the Road Transport Act 2013 .