South Australian Numbered Acts

FIRE AND EMERGENCY SERVICES (MISCELLANEOUS) AMENDMENT ACT 2020 (NO 8 OF 2020) - SECT 20

20—Insertion of section 105IA

Before section 105J insert:

105IA—Power of direction by police officer

        (1)         If a police officer is satisfied—

            (a)         that a person proposes to carry on an activity of a kind prescribed by the regulations or any other activity that the police officer is satisfied may cause a fire; and

            (b)         that because of weather conditions the fire, if caused by the activity, might get out of control,

the police officer may direct that person to refrain from carrying on the activity during a period specified in the direction.

        (2)         Before giving a direction under subsection (1)

, a police officer must take into account any relevant information contained in—

            (a)         the Grain Harvesting Code of Practice published by SACFS (as in force from time to time); and

            (b)         any other code or policy prescribed by the regulations.

        (3)         A person who contravenes, or fails to comply with, a direction under this section is guilty of an offence.

Maximum penalty:

            (a)         for a first offence—$5 000 or imprisonment for 1 year;

            (b)         for a second or subsequent offence—$10 000 or imprisonment for 2 years.