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Weapons & dangerous articles – new law
Date created: 06 December 2007
Some new weapons offences & higher penatlies
Law applies from: 18 October & 8 November 2007
These changes are about weapons that are not classed as firearms. Weapons are classified as:
- prohibited
- controlled or
- dangerous articles.
Classification of weapons depends on how dangerous they are and whether there can be a lawful reason for carrying one. For example, there is no excuse for carrying a flick-knife; however you could be excused for carrying a cricket bat if you were on the way to play a game.
See weapons page (link below) for more details about the different kinds of weapons.
Offence to have weapons in or near pubs or clubs
There are high penalties for people who use, possess or carry weapons in licensed premises (like pubs or restaurants) or in public places that are within 20 metres of licensed premises. A private school is included as a public place.
Dangerous articles
Things that are considered dangerous (such as a sharpened stick) in or near a licensed place may also be an offence. There is an exception if you have a reasonable excuse.
Self defence
The law now makes it clear that you can’t carry a dangerous article to defend yourself. Dangerous articles can be anything that can be used as a weapon.
Higher penalties
The penalty for having a weapon depends on the kind of weapon and where you are. Recent changes effectively double the maximum penalty for dangerous articles and weapons found in (or close to) a licensed place. If you are caught with a dangerous article in a licensed place you could be fined up to 120 penalty units or jailed for up to a year.
Penalties for prohibited or controlled weapons could be much higher. The maximum penalty for a prohibited weapon is four years jail. Each penalty unit is more than $100. The exact amount may increase every year.
Selling weapons/body armour
There are also much tougher penalties for selling prohibited weapons without asking for identification or for trying to buy a prohibited weapon using false identification.
Penalties have also increased for unauthorised manufacture, importation, sale and use of body armour (like bullet-proof vests).
Related publication
More information
Related page
Related website
See the Department of Justice web page Weapons community education for examples of different kinds of weapons and more details about the reasons for changes.