Western Australia
Arson Legislation Amendment Act 2009
Western Australia
Arson Legislation Amendment Act 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 | |
|
| 11. | Section 444 amended | 6 |
| 12. | Section 445A inserted | 6 |
| 445A. | Fires causing damage to vegetation | 6 |
Western Australia
Arson Legislation Amendment Act 2009
No. 43 of 2009
An Act to amend the Bush Fires Act 1954 and The Criminal Code.
[Assented to 3 December 2009]
The Parliament of Western Australia enacts as follows:
Arson Legislation Amendment Act 2009
| Part 1 | Preliminary |
| s. 1 |
Part 1 — Preliminary
1. Short title
This is the Arson Legislation Amendment Act 2009.
2. Commencement
This Act comes into operation as follows —
| (a) | Part 1 — on the day on which this Act receives the Royal Assent; |
| (b) | the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions. |
Arson Legislation Amendment Act 2009
| Bush Fires Act 1954 amended | Part 2 |
s. 3
Part 2 — Bush Fires Act 1954 amended
3. Act amended
This Part amends the Bush Fires Act 1954.
4. Section 32 amended
In section 32 delete the Penalty and insert:
Penalty: Imprisonment for 20 years.
Arson Legislation Amendment Act 2009
| Part 3 | The Criminal Code amended |
| s. 5 |
Part 3 — The Criminal Code amended
5. Act amended
This Part amends The Criminal Code.
6. Section 23A amended
In section 23A(1) after “Chapter XXVII” insert:
and section 444A
7. Section 23B amended
In section 23B(1) after “Chapter XXVII” insert:
and section 444A
8. Section 266 amended
| (1) | In section 266 delete “It is” and insert: | |
| (2) It is | ||
| (2) | At the beginning of section 266 insert: | |
|
anything includes a source of ignition and a fire.
Arson Legislation Amendment Act 2009
| The Criminal Code amended | Part 3 |
s. 9
9. Chapter XLV heading amended
| In the heading to Chapter XLV delete “Definitions” and insert: |
Preliminary matters
10. Section 444A inserted
In Chapter XLV after section 443 insert:
| 444A. | Duty of person in control of ignition source or fire |
| (1) | It is the duty of a person who has charge of or is in control of a source of ignition to use reasonable care and take reasonable precautions to avoid lighting a fire that destroys or may destroy or cause damage to property that the person is not entitled to damage or destroy; and the person is held to have caused any destruction or damage to that property by reason of any omission to perform that… |