5Offences against regulation—application of Criminal

5 Offences against regulation—application of Criminal Code etc Other legislation applies in relation to offences against this regulation. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this regulation (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Note 1 The Act does not apply to a pollutant emitted into the air by— (a) a light rail vehicle or other train; or (b) a Commonwealth jurisdiction aircraft; or (c) a person using only the person’s body; or (d) an animal; or (e) a motor vehicle being driven on a road, unless it— (i) is being driven on the road to conduct reliability trials or speed tests; and (ii) has been exempted under the road transport legislation from the provisions of that legislation about attaching silencers to the exhaust pipes of motor vehicles, rules of the road and speed limits during the trials or tests (see Act, s 8 (1)).