4 Issue: In the present case, the key issue that caused problem for Frenzied Four was the announcement from NSW government that they missed. The announcement was not communicated with them as they were listening to the music over other device. Despite of the total fire ban for 24 hours in the state, the members of Frenzied Fourused fire for cooking, which leaded to violation of the rule. Rule: The rule applicable in the case is Part 4- Division 6 and Division 7 of Rural Fires Act 1997. Part 4 of this act deals with the minimisation and prevention of bush fire. The division under part 4 provides hazard reduction for bush fire. Division 6 of part 4 provides rules for total fire ban orders. A total ban order of fire are taken by ministry in order to safeguard the public and to prohibit lighting, use of fire in open air and maintenance of use if fire during specific period. During the total ban of fire, the area identified for the ban is the place where the order is applicable. If any person fails to act according to the total fire ban order will be considered as guilty of offence . Maximum penalty for the offence is 50 penalty units and/ or 12 months of imprisonment. According to division 7 of Part 4, a person must not discard any lighted tobacco product or any incandescent material such on the land during a total ban of fire. Owner or driver of a vehicle deemed guilty if any object that includes fire risk discarded from the vehicle. This rule is not applicable in the case of public transport, taxi or bus. As per this division, if a person causes fire or sets fire in the land of other person or in public authority during the total fire ban, then the person will be deemed as guilty. A person is deemed as guilty for the offence if the person leaves any fire temporarily and has lit in open air and leaves the place without extinguished it properly. In such case, the person has to bear the penalty of 12 months imprisonment and 50 penalty units. Application: Based on the explanation of Divisions 6 and 7 of Part 4, it can be said that the members of Frenzied Four committed offences as they are involved in lighting up fire during the period of total fire ban throughout the state. Nick and Malcolm made an offence and caused a situation of bushfire as the fire stick lit by them discarded from the vehicle unknowingly, which caused small fire on the dry grass. At the time when there is a total ban of fire, if any incandescent material or lighted tobacco product discarded on land then it is considered as an offence under Division 7. Hence, Nick and Malcolm committed the offence even after communicated about the fire ban from Annie. On other hand, Lu and Sherry decided to make a fire for cooking, and they left the fire lighted in open air and did not extinguished it properly and they were also not in front of the fire to ensure whether it not caused any accident . Hence, it can be said that they left the fire in an open air without extinguished it and as Lu is the person who lit the fire and moved from the place, so she made an offence under Division 7. Conclusion: Based on the actions taken by the members of Frenzied Four during a period of total fire ban in the state, it can be said that they made offences as per Division 7 as the fire ban was publicly announced. ? References Australian law Reform Commission, “Exemption or Defence for Children and Young Persons,” ALRC (2021) Civil Trials Bench Book, “Intentional Torts,” www.judcom.nsw.gov.au (2021) Ford, Peter, “NSW Court of Appeal Spear Tackles Intentional Torts,” McCabe Curwood (December 3, 2020) legislation.sa.gov, “Motor Vehicles Standards Act 1989,” www.legislation.sa.gov.au (2020) New South Wales Consolidated Acts, “INTERPRETATION ACT 1987 - SECT 34 Use of Extrinsic Material in the Interpretation of Acts and Statutory Rules,” www5.austlii.edu.au (2020) NSW Legislation, “View - NSW Legislation,” Nsw.gov.au (2018) NSW Legislation, Contents (2014) https://legislation.nsw.gov.au/view/pdf/asmade/act-2014-66 PARLIAMENT OF VICTORIA, PARLIAMENT of VICTORIA PARLIAMENTARY DEBATES (HANSARD) LEGISLATIVE ASSEMBLY FIFTY-SEVENTH PARLIAMENT by Authority of the Victorian Government Printer (, 2014)
Subject Name: Civil Law_x000D_
Level: Postgraduate
If you want the solution to this assignment or want to discuss any other assignment or course you may contact us directly at order@bestacademicexperts.org or message us on Whatsapp or Viber at +91-9303607402 (http://api.whatsapp.com/send?phone=919303607402&text=Hello%20 )
Comments