Australian Capital Territory - Kirpans
A Kirpan may be worn by Amritdhari (initiated) Sikhs in the ACT for the purpose of religious observance.
Under ACT law, as a Kirpan only has a cutting edge on one side of the blade it will be classified as a ‘knife’ and is therefore not covered by the Prohibited Weapons Act 1996.
Under the Crimes Act 1900 a person may carry a ‘knife’ in public if it is for the purpose of religious observance.
Under ACT law, carrying a Kirpan solely for the purpose of self-defence is not allowed.
The Law
Prohibited Weapons Act 1996 (extract only)
Schedule 1 Prohibited weapons
Part 1.1 Prohibited bladed weapons
3 a dagger or other similar device, that has a sharp-pointed stabbing instrument—
(a) that can be concealed on the person; and
(b) that—
(i) has a flat blade with cutting edges (whether serrated or non-serrated) along the length of both sides; or
(ii) has a needle-like blade, the cross section of which is elliptical or has three or more sides; and
(iii) is not a sword or bayonet
Example
Urban Skinner push dagger
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
Crimes Act 1900
382 Possession of knife in public place or school
(1) A person shall not, without reasonable excuse, have a knife in his or her possession in a public place or school.
Maximum penalty: 10 penalty units, imprisonment for 6 months or both.
(2) Without limiting what may constitute a reasonable excuse, it is a reasonable excuse for a person to have a knife in his or her possession in a public place or school if—
(a) the possession is necessary or reasonable for, or for a purpose incidental to—
(i) the lawful pursuit of the person’s occupation; or
(ii) the preparation or consumption of food; or
(iii) participation in a lawful entertainment, recreation or sport; or
(iv) the exhibition of knives for retail or other trade purposes; or
(v) an organised exhibition by knife collectors; or
(vi) the wearing of an official uniform; or
(vii) religious purposes; or
(b) the possession is of a prescribed kind.
(3) It is not a reasonable excuse for a person to have a knife in his or her possession in a public place or school solely for the purpose of self-defence or the defence of another person.
State and territory law regarding the Kirpan: