Every bushfire season volunteer fire fighters respond to numerous wildfires in the Territory, many of them being deliberately lit. Bushfires NT and NTFRS carry out investigations of all suspicious bushfires in their respective jurisdictions. Protecting the point of origin so as to not disturb forensic evidence is part of basic fire fighter training. The following legislation extracts refer to acts of bushfire arson: Bushfires Act: 48. Setting fires
Criminal Code Act: (1) A person is guilty of a crime if: (a) the person causes a fire; and (b) there is a substantial risk that: (i) the fire would spread to vegetation on property belonging to another person; and (ii) the person would not be able to stop the spreading of the fire. Fault elements: The person: (a) intends to cause the fire or is reckless as to causing the fire; and (b) is reckless as to the risk. Maximum penalty: Imprisonment for 15 years. (2) Subsection (1) does not apply to a person who caused a fire for the purposes of fire management or land management (or both): (a) in accordance with a law in force in the Territory (including, for example, the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth), the Bushfires Act and the Fire and Emergency Act); or (b) in accordance with an agreement entered into by the Territory. Example for subsection (2)(a) A person who caused a fire in the course of carrying out fire management activities such as hazard reduction activities under the Fire and Emergency Act. Example for subsection (2)(b) A person who caused a fire in the course of carrying out fire management and land management activities under an agreement between the Territory and a private company established for the reduction of greenhouse gas emissions. (3) In this section, a person causes a fire if the person: (a) lights a fire; or (b) maintains a fire. Links: Fire Note 17 - Trends in Bushfire Arson |