Australian Capital Territory Numbered Regulations

URBAN SERVICES (APPLICATION OF CRIMINAL CODE) AMENDMENT REGULATIONS 2002 (NO 1 OF 2003) - REG 16

in chapter 1, insert

4A     Offences against regulations—application of Criminal Code etc

Other legislation applies in relation to offences against these regulations (including the Australian Road Rules).

Note 1     Criminal Code

The Criminal Code, ch 2 applies to an offence against these regulations (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 3     The Australian Road Rules are to be read with, and as if they formed part of, these regulations (see reg 6).

4B     Offences against regulations are strict liability offences

An offence against these regulations (including the Australian Road Rules ) is a strict liability offence.

4C     General defence of accident or reasonable effort

Without limiting any other defence, it is a defence to an offence against these regulations (including the Australian Road Rules) if the defendant proves that the offence—

        (a)     was the result of an accident; or

        (b)     could not have been avoided by any reasonable efforts by the defendant.