153A   Determination of criminal responsibility

(1) Application of Commonwealth Criminal Code
Subject to this clause, Chapter 2 of the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth (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. Chapter 2 of the Commonwealth Criminal Code 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 Chapter 2 of the Commonwealth Criminal Code (as applied by subclause (1)), except where this Regulation expressly provides otherwise.

(3) General defence of accident or reasonable effort
Without limiting any defence under Chapter 2 of the Commonwealth Criminal Code (as applied by subclause (1)), a person is not liable to a penalty for any offence under 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 any reasonable efforts on the person’s part.

(4) Operation of Crimes (Sentencing Procedure) Act 1999 not affected
Nothing in this Regulation affects the application of the Crimes (Sentencing Procedure) Act 1999 in relation to this Regulation (particularly, Divisions 4 and 5 of Part 2 of that Act).

Note. Divisions 4 and 5 of Part 2 of the Crimes (Sentencing Procedure) Act 1999 contain provisions relating to how offence provisions are to be interpreted. For instance, section 17 of that Act defines the amount of a penalty unit. Similarly, section 18 of that Act sets out rules for interpreting provisions in legislation that impose penalties.