The Law

Weapons Act 1999

3A. Meaning of edged weapon

(1) An edged weapon means the following —

(a) a knife, a machete, a sickle or a scythe;

(b) a blade of an article referred to in paragraph (a);

(c) an axe or an axe head;

(d) an article with a sharpened edge, that is reasonably capable of being held in 1 or both hands, and that is made or modified to be used —

(i) to injure or disable a person; or

(ii) to cause a person to fear that someone will be injured or disabled by that use; or

(iii) for attack or defence in the practice of a martial sport, art or similar discipline;

(e) an article prescribed by the regulations to be an edged weapon.

(2) Despite subsection (1), an edged weapon does not include the following —

(a) a firearm, an article prescribed by the regulations to be a controlled weapon or a prohibited weapon;

(b) a plastic or wooden knife designed to be used for eating;

(c) a knife with a rounded tip and dull edge;

(d) an article prescribed by the regulations not to be an edged weapon.

5A. Lawful excuse

(1) In this Part —

lawful excuse, in relation to carrying or possessing a weapon —

(a) includes carrying or possessing the weapon for the purposes of any of the following —

(i) a lawful employment, duty or activity;

(ii) a lawful sport, recreation or entertainment;

(iii) a lawful collection, display or exhibition of weapons;

but

(b) does not include carrying or possessing the weapon for defence unless subsection (2) applies.

(2) A controlled weapon of a kind prescribed by the regulations may be carried or possessed for defence if it is carried or possessed in the circumstances, if any, prescribed by the regulations.

(3) Regulations under subsection (2) may apply generally or to a particular person or class of persons.

6A. Edged weapons

(1) Except as provided in section 10, a person who, without a lawful excuse, carries or possesses an edged weapon commits an offence.

Penalty for this subsection: imprisonment for 3 years and a fine of $36 000.

(2) Except as provided in section 10, a person who has a lawful excuse to carry or possess an edged weapon commits an offence if the person carries or possesses it in a manner that could reasonably be expected to cause someone —

(a) to be injured or disabled; or

(b) to fear that someone will be injured or disabled.

Penalty for this subsection: imprisonment for 3 years and a fine of $36 000.

Note for this section:

The Young Offenders Act 1994 section 22(1) does not allow a member of the Police Force to caution a young person (as defined in section 3(1) of that Act) instead of laying a charge in relation to an offence under this section.

7. Controlled weapons

(1) Except as provided in section 10, a person who, without a lawful excuse, carries or possesses a controlled weapon commits an offence.

Penalty: imprisonment for 2 years and a fine of $24 000.

(2) Except as provided in section 10, a person who has a lawful excuse to carry or possess a controlled weapon commits an offence if the person carries or possesses it in a manner that could reasonably be expected to cause someone —

(a) to be injured or disabled; or

(b) to fear that someone will be injured or disabled.

Penalty: imprisonment for 2 years and a fine of $24 000.

(3) In this section a lawful excuse to carry or possess a controlled weapon does not include the excuse that the weapon is carried or possessed for defence.

(4) Subsection (3) does not apply to a controlled weapon of a kind prescribed for the purposes of this subsection as long as it is carried or possessed in such circumstances, if any, as the regulations may prescribe.

(5) Regulations under subsection (4) may apply generally or to a particular person or class of persons.

Weapons Regulations 1999

5.            Controlled weapons prescribed (Act s. 3) (Sch. 2)

               An article described in the third column of Schedule 2 is prescribed to be a controlled weapon.

Schedule 2 — Controlled weapons

5. Dagger

A sharp pointed stabbing knife having —

(a)    a flat blade, exceeding 8 cm in length with non‑serrated cutting edges 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,

and includes a bayonet.

19. Sword

Any sword (e.g. the martial arts weapons known as the butterfly sword, katana and wakizashi) and includes the martial arts weapon known as the tanto.