Victorian Current Acts Victorian Current Acts(1) A person must not light, spread or maintain a fire in the Fire Rescue Victoria fire district if the circumstances of location, atmospheric temperature, wind velocity and flammable vegetation or other combustible substance are such that lighting the fire causes, or is likely to cause, a fire that is a danger to the life or property of others.
Penalty: Imprisonment for not less than 3 months and not more than 2 years.
(2) Subsection (1) does not apply if the person lights, spreads or maintains the fire under the direction or control of an officer or employee of Fire Rescue Victoria for the purpose of establishing a firebreak.
(3) It is a defence to a prosecution for an offence against subsection (1) if the accused proves—
(a) that one or more of the following applies—
(i) the danger was caused by the intervention or subsequent action of one or more persons acting without the knowledge or consent, or contrary to the wishes or instructions, of the accused;
(ii) the fire was lit at a time when the circumstances of atmospheric temperature and wind velocity referred to in subsection (1) were not present and could not reasonably have been foreseen;
(iii) at the time of the alleged offence the accused was the owner or occupier of the land upon which the fire was lit or was acting under the direction of that owner or occupier; and
(b) that the accused—
(i) took all precautions required by this or any other Act, and regulations under this or any other Act, with respect to the lighting of the fire; and
(ii) did everything in the power of the accused that was reasonable in the circumstances to suppress or extinguish the fire.
S. 94B inserted by No. 20/2019 s. 84.