The Law

Weapons Act 1990 (Qld)

S 51 Possession of a knife in a public place or a school

(1) A person must not physically possess a knife in a public place or a school, unless the person has a reasonable excuse.

(2) It is a reasonable excuse for subsection (1) to physically possess a knife—

(a) to perform a lawful activity, duty or employment; or

(b) to participate in a lawful entertainment, recreation or sport; or

(c) for lawfully exhibiting the knife; or

(d) for use for a lawful purpose.

Example for subsection (2)(a)—

1 A person may carry a knife on his or her belt for performing work in primary production.

Examples for subsection (2)(b)—

1 A scout may carry a knife on his or her belt as part of the scout uniform.

2 A person may carry a knife as an accessory while playing in a pipe band.

3 A fisher may carry a knife for use while fishing.

Example for subsection (2)(c)—

1 A person who collects knives may exhibit them at a fete or another public gathering.

Examples for subsection (2)(d)—

1 A person may use a knife to prepare or cut food at a restaurant in a public place or when having a picnic in a park.

2 A person may carry a pen knife or swiss army knife for use for its normal utility purposes.

(3) However, it is not a reasonable excuse to physically possess a knife in a public place or a school for self-defence purposes.

(4) Also, it is a reasonable excuse for subsection (1), to the extent the subsection relates to a public place, to physically possess a knife for genuine religious purposes.

Example —

A Sikh may possess, in a public place, a knife known as a kirpan to comply with the person’s religious faith.

(5) However, it is not a reasonable excuse to physically possess a knife in a school for genuine religious purposes.

(6) In deciding what is a reasonable excuse for subsection (1), regard may be had, among other things, to whether the way the knife is held in possession, or when and where it is held in possession, would cause a reasonable person concern that he or she, or someone else in the vicinity, may be threatened or harmed.

(7) In this section—

knife includes a thing with a sharpened point or blade that is reasonably capable of—

(a) being held in 1 or both hands; and

(b) being used to wound or threaten to wound anyone when held in 1 or both hands.

public place includes a vehicle that is in or on a public place.

school means any part of the premises of—

(a) a State educational institution under the Education (General Provisions) Act 2006; or

(b) a non-State school under the Education (Accreditation of Non-State Schools) Act 2017.