128Determination of criminal responsibility

128 Determination of criminal responsibility

128 Determination of criminal responsibility

(1) Application of Commonwealth Criminal Code Subject to this section, the Criminal Code, Chapter 2, set out in the Schedule to the Commonwealth Criminal Code applies to an offence against this Regulation as if the Chapter were in force as a law of New South Wales.

Note—

The Commonwealth Criminal Code, Chapter 2, codifies the general principles of criminal responsibility.

(2) Offences are strict liability offences An offence against this Regulation is a strict liability offence for the purposes of the Commonwealth Criminal Code, Chapter 2, except where this Regulation expressly provides otherwise.

(3) General defence of accident or reasonable effort Without limiting any defence under the Commonwealth Criminal Code, Chapter 2, a person is not liable to a penalty for an offence against this Regulation if the person proves to the satisfaction of the court dealing with the case that the offence—

(a) was the result of an accident, or

(b) could not have been avoided by the person’s reasonable efforts.

(4) In this section—

Commonwealth Criminal Code means the Criminal Code Act 1995 of the Commonwealth.