s. 40 Penalty: 240 penalty units or imprisonment for 2 years or both. S. 40(4A)(4B) * * * * * inserted by No. 10149 s. 10(1), repealed by No. 5/2012 s. 29(2). S. 40(4C) (4C) Subsection (4) does not apply to a person who, in inserted by a fixed appliance, lights a fire or allows a fire to No. 10149 remain alight for the sole purpose of meal s. 10(1). preparation, where— (a) the area within a distance of three metres from the outer perimeters of the appliance is clear of flammable material; (b) there is at hand and available for immediate use— (i) a hose connected to a reticulated water supply; or (ii) a vessel containing at least ten litres of water; and (c) at all times when the fire in the appliance is S. 40(4C)(c) substituted by alight the appliance is attended by an adult No. 5/2012 who has the capacity and the means to s. 29(3). extinguish the fire. S. 40(4D) (4D) For the purposes of subsection (4C)— inserted by No. 10149 means— fixed appliance s. 10(1), substituted by (a) a properly constructed and permanently No. 5/2012 fixed structure of stone, metal, concrete s. 29(4). or any other non-flammable material designed exclusively for meal preparation and fired by gas or electricity; or
Penalty: 240 penalty units or imprisonment for 2 years or both. S. 40(4A)(4B) inserted by No. 10149 s. 10(1), repealed by No. 5/2012 s. 29(2). * * * * * S. 40(4C) inserted by No. 10149 s. 10(1). s. 40 (4C) Subsection (4) does not apply to a person who, in a fixed appliance, lights a fire or allows a fire to remain alight for the sole purpose of meal preparation, where— (a) the area within a distance of three metres from the outer perimeters of the appliance is clear of flammable material; (b) there is at hand and available for immediate use— (i) a hose connected to a reticulated water supply; or (ii) a vessel containing at least ten litres of water; and S. 40(4C)(c) substituted by No. 5/2012 s. 29(3). (c) at all times when the fire in the appliance is alight the appliance is attended by an adult who has the capacity and the means to extinguish the fire. S. 40(4D) inserted by No. 10149 s. 10(1), substituted by No. 5/2012 s. 29(4). (4D) For the purposes of subsection (4C)— fixed appliance means— (a) a properly constructed and permanently fixed structure of stone, metal, concrete or any other non-flammable material designed exclusively for meal preparation and fired by gas or electricity; or
58-6228a144.docx