The Law

Control of Weapons Act 1990

5 Prohibited weapons

(1) A person must not—

(a) bring into Victoria; or

(b) cause to be brought into or sent into Victoria; or

(c) manufacture; or

(d) display or advertise for sale—

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a prohibited weapon without an exemption under section 8B or an approval under section 8C. Penalty: 240 penalty units or imprisonment for 2 years.

(1A) A person who is in licensed premises or in a public place that is in the immediate vicinity of licensed premises must not possess, carry or use a prohibited weapon without—

(a) an exemption under section 8B; or

(b) an approval under section 8C.

Penalty: 480 penalty units or 4 years imprisonment.

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5AA Offence to possess, use or carry a prohibited weapon

A person must not possess, use or carry a prohibited weapon (other than an imitation firearm) without an exemption under section 8B or an approval under section 8C.

Penalty: 240 penalty units or imprisonment for 2 years.

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8B Exemptions for prohibited weapons and body armour

(1) The Governor in Council may, by Order published in the Government Gazette—

(a) exempt from any provision of section 5 (except section 5(1AC) or (1AD)), 5AA, 5AB(1) or 8A (as the case requires)—

(i) a class of persons or class of prohibited weapons or body armour; or

(ii) a corrections officer, military officer or member of police personnel (by name or description of office); and

(b) specify conditions and limitations to which an exemption under paragraph (a) is subject.

(2) An exemption under subsection (1)—

(a) must not be granted in respect of prohibited persons; and

(b) if granted in respect of a class of person or persons identified by a particular description, does not apply to any prohibited person who is a member of that class or who satisfies that description (as the case requires).

(3) An exemption granted under subsection (1) in respect of a class of person or persons may be subject to a condition that the exemption does not apply to a person until that person has been a member of that class for a specified minimum period of up to 6 months.

(4) The Governor in Council may—

(a) grant an exemption under subsection (1) for a specified period or indefinitely;

(b) vary or revoke an exemption at any time including an exemption granted for a specified period.

Control of Weapons Regulations 2021

Schedule 2—Prohibited weapons

Regulation 8

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47 Sword, being a thrusting, striking or cutting weapon with a long blade having 1 or 2 edges and a hilt or handle.

Control of Weapons Act 1990

AMENDMENT OF THE GENERAL EXEMPTION UNDER SECTION 8B TO POSSESS SWORDS

Order in Council

The Governor in Council under section 8B of the Control of Weapons Act 1990 amends the general exemption to possess swords granted by Order in Council dated 16 June 2004 and published in the Government Gazette G25 on 17 June 2004, pages 1714–1717, as follows:

• the exemption at item 5 in the Table in the Order, which provides an exemption from the operation of section 5(1) of the Act to a member of a religion whose practices involve swords, is revoked; and

• the following provision is inserted in the Order immediately following the Table:

‘The Governor in Council, under section 8B of the Controls of Weapons Act 1990, exempts from the operation of section 5(1) and section 5(1A) of the Control of Weapons Act 1990, in relation to Kirpans (swords), a person who is of a class of persons set out in an item in Column 1 of Table A below, to the extent specified opposite that item in Column 2 of Table A: