Arson, fires and fireworks

Lighting fires

Offences relating to lighting a fire in a public place include:

  • lighting rubbish in a public place
  • having an open fire or carrying any lighted flammable material that results in someone’s property being:
    • damaged
    • destroyed
    • put in danger.
  • leaving an open fire without someone staying in charge of it.

The maximum penalty for these offences is 25 penalty units (see ‘Penalty and fee units’, link below) or 12 months’ jail.

No one is allowed to light a fire while an official fire ban is in place.

False fire alarms

It is an offence to wilfully (deliberately or without concern for the consequences) give a false alarm or cause a false alarm to be given to a fire brigade.

Penalties include large fines or imprisonment for a first offence. Imprisonment is compulsory for second and subsequent offences. The court may also order someone who is found guilty of these offences to pay money as compensation for the expenses and charges that they incur.

Fireworks

It is an offence to set off fireworks in public without a council permit to do so. The maximum penalty is five penalty units (see ‘Penalty and fee units’, link below).

Arson

Arson is the intentional and malicious lighting of fires to damage or destroy property. It is a very serious offence, carrying penalties of up to 25 years in jail.

See also ‘Theft and property damage' (link below).

More information

Penalty and fee units

Theft and property damage

How we can help

Call Victoria Legal Aid’s (VLA) Legal Information Service for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter. Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.

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Who else can help?

Your local community legal centre (CLC) can give you legal information and advice. Most CLC services are free. See the Community Law website for more information and CLC contact details.