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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia Arson Legislation Amendment Bill 2009 CONTENTS Part 1 -- Preliminary 1. Short title 2 2. Commencement 2 Part 2 -- Bush Fires Act 1954 amended 3. Act amended 3 4. Section 32 amended 3 Part 3 -- The Criminal Code amended 5. Act amended 4 6. Section 23A amended 4 7. Section 23B amended 4 8. Section 266 amended 4 9. Chapter XLV heading amended 5 10. Section 444A inserted 5 444A. Duty of person in control of ignition source or fire 5 11. Section 444 amended 6 12. Section 445A inserted 6 445A. Fires causing damage to vegetation 6 085--1 page i Western Australia LEGISLATIVE ASSEMBLY Arson Legislation Amendment Bill 2009 A Bill for An Act to amend the Bush Fires Act 1954 and The Criminal Code. The Parliament of Western Australia enacts as follows: page 1 Arson Legislation Amendment Bill 2009 Part 1 Preliminary s. 1 1 Part 1 -- Preliminary 2 1. Short title 3 This is the Arson Legislation Amendment Act 2009. 4 2. Commencement 5 This Act comes into operation as follows -- 6 (a) Part 1 -- on the day on which this Act receives the 7 Royal Assent; 8 (b) the rest of the Act -- on a day fixed by proclamation, 9 and different days may be fixed for different provisions. page 2 Arson Legislation Amendment Bill 2009 Bush Fires Act 1954 amended Part 2 s. 3 1 Part 2 -- Bush Fires Act 1954 amended 2 3. Act amended 3 This Part amends the Bush Fires Act 1954. 4 4. Section 32 amended 5 In section 32 delete the Penalty and insert: 6 7 Penalty: Imprisonment for 20 years. 8 page 3 Arson Legislation Amendment Bill 2009 Part 3 The Criminal Code amended s. 5 1 Part 3 -- The Criminal Code amended 2 5. Act amended 3 This Part amends The Criminal Code. 4 6. Section 23A amended 5 In section 23A(1) after "Chapter XXVII" insert: 6 7 and section 444A 8 9 7. Section 23B amended 10 In section 23B(1) after "Chapter XXVII" insert: 11 12 and section 444A 13 14 8. Section 266 amended 15 (1) In section 266 delete "It is" and insert: 16 17 (2) It is 18 19 (2) At the beginning of section 266 insert: 20 21 (1) In this section -- 22 anything includes a source of ignition and a fire. 23 page 4 Arson Legislation Amendment Bill 2009 The Criminal Code amended Part 3 s. 9 1 9. Chapter XLV heading amended 2 In the heading to Chapter XLV delete "Definitions" and 3 insert: 4 5 Preliminary matters 6 7 10. Section 444A inserted 8 In Chapter XLV after section 443 insert: 9 10 444A. Duty of person in control of ignition source or fire 11 (1) It is the duty of a person who has charge of or is in 12 control of a source of ignition to use reasonable care 13 and take reasonable precautions to avoid lighting a fire 14 that destroys or may destroy or cause damage to 15 property that the person is not entitled to damage or 16 destroy; and the person is held to have caused any 17 destruction or damage to that property by reason of any 18 omission to perform that duty. 19 (2) It is the duty of a person who has charge of or is in 20 control of a fire to use reasonable care and take 21 reasonable precautions to contain that fire so that it 22 does not destroy or damage property that the person is 23 not entitled to damage or destroy; and the person is 24 held to have caused any destruction or damage to that 25 property by reason of any omission to perform that 26 duty. 27 (3) A person does not breach a duty imposed by this 28 section if the fire does not spread beyond the capacity 29 of the person to extinguish it. 30 (4) Property that is capable of being destroyed or damaged 31 by fire includes vegetation. 32 page 5 Arson Legislation Amendment Bill 2009 Part 3 The Criminal Code amended s. 11 1 11. Section 444 amended 2 (1) In section 444: 3 (a) delete "Any person" and insert: 4 5 (1) Any person 6 7 (b) in paragraph (a) delete "imprisonment for 14 years or, if 8 the offence is committed in circumstances of racial 9 aggravation, to imprisonment for 20 years; or" and 10 insert: 11 12 life imprisonment; or 13 14 (2) At the end of section 444 insert: 15 16 (2) Property that is capable of being destroyed or damaged 17 by fire includes vegetation. 18 19 12. Section 445A inserted 20 Before section 445 insert: 21 22 445A. Fires causing damage to vegetation 23 A person who unlawfully omits or refuses to do any act 24 which it is the person's duty to do under section 444A 25 is guilty of a crime, and is liable to imprisonment for 26 15 years. 27 28 28
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