South Australia - Kirpans

  • A Kirpan may be worn by Amritdhari (initiated) Sikhs in SA for the purpose of religious observance.

  • The wearing of a Kirpan in SA schools is allowed.

The Law

Summary Offences Act 1953

21E—Knives in schools and public places

A person who, without lawful excuse, has possession of a knife in a school or public place is guilty of an offence.

Maximum penalty:

(a) for a first offence—$2 500 or imprisonment for 6 months;

(b) for a subsequent offence—$5 000 or imprisonment for 12 months.

21F—Prohibited weapons

(1) A person who—

(a) manufactures, sells, distributes, supplies or otherwise deals in, prohibited weapons; or

(b) uses or has possession of a prohibited weapon, is guilty of an offence.

Maximum penalty: $20 000 or imprisonment for 2 years.

(2) It is a defence to prosecution for an offence against subsection (1) to prove that the defendant was, in accordance with—

(a) Schedule 2; or

(b) a declaration made by the Minister under subsection (3), an exempt person in the circumstances of the alleged offence.

Schedule 2—Exempt persons—prohibited weapons

Part 2—Exemptions

7—Religious purposes

A person is an exempt person for the purposes of an offence of possession of a prohibited weapon under section 21F(1)(b) of this Act in relation to the possession of a knife (other than a butterfly knife, flick knife, push knife or trench knife) or dagger if—

(a) the person is a member of a religious group; and

(b) the person possesses, wears or carries the knife or dagger for the purpose of complying with the requirements of that religion.

Summary Offences Regulations 2016

6—Prohibited weapons

Each of the following is declared to be a prohibited weapon for the purposes of Part 3A of the Act:

(h) dagger—a sharp, pointed stabbing weapon (other than a bayonet or sword), ordinarily capable of being concealed on the person and having—

(i) a flat blade with cutting edges on both sides; or

(ii) a needle-like blade that has a round or elliptical cross section or that has 3 or more sides;

(l) fighting knife—a knife (other than a bayonet or sword) designed for hand to hand fighting, for example, a butterfly knife, dagger, flick-knife, push knife or trench knife;

State and territory law regarding the Kirpan: