**
Section 203E of the Crimes Act 1900** establishes an offence
for intentionally causing a fire and being reckless as to the
spread of the fire to vegetation on public land or land belonging
to another. This bushfire arson offence carries a
maximum penalty of 21 years' imprisonment.
Bushfire arson proof of intent
Proof of intention is sufficient to establish recklessness under
this section. Therefore, a person who intentionally causes a fire
can be guilty of the offence, even if they did not intend for it to
spread to vegetation.
Exceptions to this section exist for firefighters and those
acting under their direction. These persons will not be criminally
responsible if they initiated the fire during bushfire fighting or
hazard reduction operations.
