Tasmania - Kirpans

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

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

  • Under current Tasmanian legislation a lawful excuse test exists for the possession, carriage or use of a ‘dangerous article’. The wearing of the Kirpan solely for the purpose of religious observance would generally constitute a lawful excuse and therefore would not amount to an offence.

  • Under TAS law, carrying a Kirpan for the purpose of self-defence is not allowed.

  • See Tasmania Police guidance on the carriage of the Kirpan (under the heading ‘Sikhs and the Kirpan’).

The Law:

Police Offences Act 1935

15C.   Dangerous articles

(1)  A person, without lawful excuse (proof of which lies on the person), must not have possession of, or carry or use, a dangerous article in a public place.

Penalty:  Fine not exceeding 50 penalty units or imprisonment for a period not exceeding 2 years, or both.

(1A)  Subsection (1) does not apply to –

(a) a police officer acting in the performance of his or her duties; or

(b) a person, or group of persons, excluded in writing by the Commissioner from the application of that subsection.

(2)  A police officer may stop, detain and search, without a warrant, any person in a public place whom the police officer reasonably believes has possession of, or carries, any dangerous article without lawful excuse and may stop, detain and search, without a warrant, the person's vehicle.

(3)  A police officer may seize and detain any dangerous article found.

(4)  A lawful excuse excludes self-defence but includes the following:

(a) the pursuit of a lawful occupation, duty or activity using that dangerous article;

(b) the participation in a lawful sport, recreation or entertainment using that dangerous article;

(c) the lawful collection, display or exhibition of that dangerous article;(d) the use of that dangerous article for the lawful purpose for which it was intended;

(e) religious observance.

(5)  If a person is convicted or found guilty of an offence under this section, the dangerous article to which the offence relates is forfeited and may be disposed of as the court orders.

(6)  For the purposes of this section, a person who is in a motor vehicle in a public place is taken to be in the public place.

3. Interpretation

(1) In this Act, unless the contrary intention appears–

…

dangerous article includes –

(a) any weapon other than a firearm; and

(b) any article adapted or modified so as to be capable of being used as such a weapon; and

(c) any other article that is intended to be used as such a weapon; and

(d) a knife;

public place includes–

any school building or the land or premises used in connection therewith;

…

Relevant links (e.g. Media, Academic Papers, Opinions)

  1. See Tasmania Police guidance on the carriage of the Kirpan (under the heading ‘Sikhs and the Kirpan’).

  2. See Tasmania Police Manual page 160 (extract contained below).

State and territory law regarding the Kirpan: