South Australian Numbered Acts

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FIRE AND EMERGENCY SERVICES ACT 2005 (NO 40 OF 2005) - SECT 80

80—Total fire ban

        (1)         The Chief Officer may at any time of the year impose a ban (a "total fire ban") on the lighting or maintaining of fires in the open air for any purpose on a specified day or days, or during any specified part or parts of a day or days, throughout the whole State, or any specified part of the State.

        (2)         The Chief Officer must arrange to have a warning of the imposition of a total fire ban under this section broadcast from a radio station in the State.

        (3)         Subject to subsection (4), a person must not light or maintain a fire in the open air contrary to the terms of a warning broadcast under this section.

Maximum penalty:

            (a)         for a first offence—$10 000 or imprisonment for 2 years;

            (b)         for a second or subsequent offence—$20 000 or imprisonment for 4 years.

        (4)         This section does not prevent the lighting or maintaining of a fire—

            (a)         in circumstances permitted by the regulations; or

            (b)         if the lighting or maintaining of the fire is authorised by a permit issued under this Act.

        (5)         The Chief Officer may, by further broadcast from a radio station in the State, vary or revoke a warning broadcast under this section.

        (6)         In any proceedings for an offence against this section, a document apparently signed by the Chief Officer, and certifying that a warning in the terms specified in the certificate was broadcast from a broadcasting station in this State on a date and at a time specified in the certificate, is, unless the contrary is proved, to be accepted as proof of the matters so certified.

Subdivision 3—Permits



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