The Law

Weapons Control Act 2001

7 Controlled weapons – general

(1) A person must not, without lawful excuse, proof of which is on the person, possess, carry or use a controlled weapon in a public place or school.

Maximum penalty: If the offender is an individual – 200 penalty units or imprisonment for 12 months.

If the offender is a body corporate – 1 000 penalty units.

(2) A person must not carry a controlled weapon except in a safe and secure manner consistent with the reason for which it is possessed, carried or is to be used.

Maximum penalty: If the offender is an individual – 200 penalty units or imprisonment for 12 months.

If the offender is a body corporate – 1 000 penalty units.

(2A) Subsections (1) and (2) do not apply to a person under 18 years of age and who possesses, carries or uses a weapon mentioned in section 11A.

(3) Despite subsections (1) and (2), if a person is found guilty of an offence against subsection (1) or (2) committed at night-time, the person is liable to a maximum penalty of twice the penalty specified in subsection (1) or (2).

(4) In this section, lawful excuse includes:

(a) the pursuit of a lawful employment or lawful duty; and

(b) participation in a lawful sport, lawful recreation, lawful entertainment or lawful activity; and

(c) the legitimate collection, legitimate display or legitimate exhibition of weapons;

but does not include for the purpose of self-defence.

(5) In considering whether a person has a lawful excuse to possess, carry or use a controlled weapon, the court must have regard to the circumstances (including the time and location) of the incident.

Weapons Control Regulations 2001

Schedule 1 Controlled weapons

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4. A dagger, being a sharp pointed stabbing instrument (other than an oyster knife or an instrument such as a sword or bayonet) ordinarily capable of being concealed on the person and having:

(a) a flat blade with cutting edges (whether serrated or not serrated) along the length of both sides; or

(b) a needle-like blade, the cross section of which is elliptical or has 3 or more sides.

…

6. A sword, being a thrusting, striking or cutting weapon with a long blade having one or 2 cutting edges and a hilt.