| Statute |
Section |
Offence |
Max. penalty |
| Commonwealth |
|---|
| Crimes Act 1914 |
29
Destroying or damaging Commonwealth property |
Intentionally destroying or damaging any Commonwealth property |
10 years |
| Australian Capital Territory |
|---|
| Criminal Code |
404(1) |
Causes damage to a building or
vehicle by fire or explosive and
intends to cause or is reckless
about causing damage to that or
any other building or vehicle |
15 years or 1,500 penalty units or both |
| Criminal Code 2002 |
404(2) |
Threatens to damage a building or vehicle by fire or explosive and intends to cause, or is reckless about causing, fear to the person receiving the threat |
7 years or 700 penalty units or both |
| Criminal Code 2002 |
405
Causing bushfires |
Intentionally or recklessly causes a fire and is reckless about the spread of the fire to vegetation or property belonging to someone else |
15 years or 1,500 penalty units or both |
| Crimes Act 1900 |
117(1)
Arson |
Destroys or damages any property by fire or explosive |
15 years |
| Crimes Act 1900 |
117(2) |
Dishonestly, with view to gain, destroys or damages, by fire or explosive, any property |
20 years |
| New South Wales |
|---|
| Crimes Act 1900 |
195 |
Maliciously destroying or damaging property by fire or explosive |
10 years |
| Crimes Act 1900 |
196 |
Maliciously destroying or damaging property by fire or explosive |
14 years |
| Crimes Act 1900 |
197 |
Dishonestly destroying or damaging property by fire |
14 years |
| Crimes Act 1900 |
198 |
Maliciously destroying or damaging property with the intention of endangering life |
25 years |
| Crimes Act 1900 |
203E |
Intentionally causes a fire and is reckless as to the spread to vegetation |
14 years |
| Rural Fires Act 1997 |
100(1) |
Sets fire to land and permits fire to escape so as to cause or be likely to cause damage |
5 years or 1,000 penalty units |
| Young Offenders Regulations 1997 |
19A |
Outcome plans for bushfire/arson juvenile offenders |
Provides for youth conferencing and specific reparative outcomes |
| Northern Territory |
|---|
| Criminal Code Act |
239
Arson |
Unlawfully setting fire to building, ship, vegetable produce, mine or aircraft |
Life |
| Criminal Code Act |
240
Attempt to commit arson |
Attempting to unlawfully set a fire in accordance with section 239 |
14 years |
| Criminal Code Act |
241
Setting fire to crops and growing plants |
Unlawfully setting fire to crops, trees or pasture (in each case whether indigenous or cultivated) |
14 years |
| Queensland |
|---|
| Criminal Code Act 1899 |
461
Arson |
Wilfully and unlawfully setting fire to building or structure, vessel, fuel, cultivated vegetable produce, mine, aircraft or motor vehicle |
Life |
| Criminal Code Act 1899 |
462
Attempt to commit arson |
Attempting to set a fire contrary to section 461 |
14 years |
| Criminal Code Act 1899 |
463
Setting fire to crops and growing plants |
Wilfully and unlawfully setting fire to crops, indigenous or cultivated hay or grass, indigenous or cultivated trees, saplings or shrubs, or heath, gorse, furze or fern |
14 years |
| South Australia |
|---|
| Criminal Law Consolidation Act 1935 |
85
Damaging property |
Intending to damage property by fire or being recklessly indifferent as to damage by fire or explosives |
If completed:
Where damage exceeds $30,000, life; damage over $2,500 to $30,000, 5 years; damage
$2,500 or less, 2 years
For an attempt:
Where damage would have exceeded $30,000, 12 years; where damage would have been over $2,500 to $30,000,
3 years; where damage would have not exceeded $2,500, 18 months |
| Criminal Law Consolidation Act 1935 |
85A
Recklessly endangering property |
Doing an act knowing that the act creates a substantial risk of serious damage to the property of another, with lawful authority |
6 years |
| Criminal Law Consolidation Act 1935 |
85B
Special provision for causing a bushfire |
Intending to cause or recklessly indifferent as to causing a bushfire |
20 years |
| Tasmania |
|---|
| Criminal Code Act 1924 |
268
Arson |
Unlawfully setting fire to any structure, vegetable produce, timber, fuel, mine, ship or other vessel, etc. |
21 years or discretionary fine or both |
| Criminal Code Act 1924 |
268A
Unlawfully setting fire to crops, forest, moorland, peat, etc. |
Unlawfully setting fire to any vegetation, living or dead (including forests, trees, saplings, shrubs, grass, litter, bark, logs, etc.) |
21 years or discretionary fine or both |
| Criminal Code Act 1924 |
269
Unlawfully setting fire to property |
Unlawfully setting fire to any property not covered by sections 268 or 268A |
21 years or discretionary fine or both |
| Criminal Code Act 1924 |
269A
Causing a fire with intent to injure person or property |
Unlawfully placing flammable or combustible material or doing any other act for the purpose of causing a fire with the intent to injure any person or property |
21 years or discretionary fine or both |
| Victoria |
|---|
| Crimes Act 1958 |
197
Destroying or damaging property |
Intentionally and without lawful excuse destroying or damaging property by fire (‘arson’), whether or not intending to endanger the life another, and whether or not with a view to dishonestly gaining |
15 years |
| Crimes Act 1958 |
197A
Arson causing death |
Committing arson as defined in section 197 and thereby causing the death of another person |
25 years |
| Crimes Act 1958 |
198
Threats to destroy or damage property |
Without lawful excuse making, for the purpose of causing fear, a threat to destroy or damage property belonging to another, or his or her
own property in a way which the offender knows or believes will endanger the life of the victim or a third person |
5 years |
| Crimes Act 1958 |
201A
Intentionally or recklessly causing a bushfire |
Intentionally or recklessly causing a fire, and being reckless as to the spread of the fire to vegetation on property belong to another |
15 years |
| Country Fire Authority Act 1958 |
39C
Causing fire in a country area with intent to cause damage etc. an indictable offence |
On any land in country Victoria, doing any act causing a fire or for the purpose of causing a fire with intent to destroy any vegetation,
produce, stock, crop, fodder or property belonging to another |
12 months to 20 years |
| Western Australia |
|---|
| Criminal Code |
444
Criminal damage |
Wilfully and unlawfully destroying or damaging any property by fire |
14 years |
| Criminal Code |
554
Attempts and incitement |
Attempting to commit an offence or inciting another to commit an offence (in this case under s 444) |
7 years |
| Bush Fires Act 1954 |
32
Offences of lighting or attempting to light a fire likely to injure |
Wilfully lighting or causing to be lit or attempting to light a fire; or placing a match or other inflammable or combustible
substance etc. in a position that may cause a fire, with the intent of causing a fire - under circumstances likely to injure or damage a person or property
(whether or not the fire was actually caused) |
14 years or $250,000 or both |
| Source: Australasian Legal Information Institute (AustLII) |
