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](http://www.legislation.gov.au/), 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](http://www.legislation.gov.au/) of the Commonwealth.