Damage building or motor vehicle by fire or explosive

It is an offence to intentionally or recklessly damage another person's property (building or motor vehicle) using fire or explosives [Criminal Law Consolidation Act 1935 (SA) s 85(1)].

Maximum penalty: imprisonment for life

Causing a bushfire

It is an offence to intentionally or recklessly cause a bushfire, burning vegetation on land which is not that person's land or land of a person who authorised the lighting of the original fire [Criminal Law Consolidation Act 1935 (SA) s 85B].

Maximum penalty: imprisonment for life

A court that finds a defendant guilty of causing a bushfire must make an order for compensation under s 124 of the Sentencing Act 2017 (SA) unless

A police officer may apply to the Magistrates Court for an order requiring a person who has been found guilty of causing a bushfire to be monitored during the South Australian fire danger season each year [Criminal Procedure Act 1921 (SA) s 99L]. The person must be considered to be at risk of committing a further bushfire offence. The monitoring order, if made, will remain in force until the Court revokes it.

A person subject to a monitoring order is required to report to the Commissioner of Police each year as instructed and to wear or carry and maintain an electronic monitoring device at all times during the fire danger season [s 99L(5)].

Maximum penalty: $10,000 fine or imprisonment for 2 years

Damage building or motor vehicle other than by fire or explosive

It is also an offence to intentionally or recklessly damage another person's property (building or motor vehicle), in any another way (other than by fire or explosives) [Criminal Law Consolidation Act 1935 (SA) s 85(2)].

Maximum penalty: imprisonment for 10 years

Damage property other than building or motor vehicle

It is an offence to intentionally or recklessly damage another person's property (other than a building or motor vehicle) [Criminal Law Consolidation Act 1935 (SA) s 85(3)].

Maximum penalty: 10 years imprisonment

Threat to damage property

It is an offence to threaten to damage another person's property intending to create fear that the threat will be carried out or being recklessly indifferent to the creation of fear [Criminal Law Consolidation Act 1935 (SA) s 85(4)].

Maximum penalty:

Recklessly endangering property

It is an offence to do something knowing that it creates a substantial risk of serious damage to someone else's property [Criminal Law Consolidation Act 1935 (SA) s 85A].

Maximum penalty: 6 years imprisonment

It is a defence if the accused can prove they held an honest belief that the act was reasonable and necessary for the protection of life or property.

Advocating or threatening property damage against group

Under the Criminal Code Act 1995 (Cth), it is an offence to advocate or threaten damage to or destruction of real property or a motor vehicle because of a belief that the property belongs to a group or member of a group distinguished by race, religion, sex, sexual orientation, gender identity, intersex status, disability, nationality, national or ethnic origin or political opinion [Criminal Code ss 80.2BC, 80.2BD]. The maximum penalty for an offence is imprisonment for 5 years, or imprisonment for 7 years if the damage or destruction, if it were to occur, would threaten the peace, order and good government of the Commonwealth.

It is also an offence to advocate force or violence against a group distinguished by race, religion or ethnic origin by causing damage to property [Criminal Code s 80.2BE]. The maximum penalty for an offence is imprisonment for 5 years, or imprisonment for 7 years if the use of force or violence would threaten the peace, order and good government of the Commonwealth. This offence carries a mandatory minimum penalty of imprisonment for 12 months [Crimes Act 1914 (Cth) s 16AAA].