Australian Capital Territory Numbered Acts

EMERGENCIES AMENDMENT ACT 2016 (NO. 33 OF 2016) - SECT 41

insert

116A     Offence—high risk activity during total fire ban

    (1)     A person commits an offence if—

        (a)     the person undertakes a high risk activity in the open air in an area; and

        (b)     a total fire ban is in force for the area.

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

    (2)     Strict liability applies to subsection (1) (b).

    (3)     Subsection (1) does not apply to—

        (a)     a high risk activity undertaken for fire prevention by anyone acting under this Act; or

        (b)     a high risk activity undertaken in accordance with a permit issued under section 118; or

        (c)     a high risk activity prescribed by regulation as an exempt high risk activity and undertaken in accordance with a regulation.

    (4)     In this section:

"high risk activity "means the following:

        (a)     welding;

        (b)     grinding;

        (c)     soldering;

        (d)     gas cutting;

        (e)     any other activity prescribed by regulation as a high risk activity.