Prohibited Weapons
Possess or use prohibited weapon Under section 7(1) of the Weapons Prohibition Act 1998, it is an offence to possess or use a prohibited weapon without a valid permit. Additionally, under section 7(2), permit holders may face charges if they use or possess the weapon for purposes other than the approved “genuine reason” or if they fail to comply with any conditions of their permit. Section 11 defines nine acceptable “genuine reasons” for possessing or using a prohibited weapon; however, using one for personal protection is typically not allowed, as stated in section 11(3). The offence carries a maximum penalty of 14 years’ imprisonment if prosecuted on indictment. If convicted on indictment, offences committed before 21 August 2015 have a standard non-parole period of 3 years, while those committed on or after that date have a standard non-parole period of 5 years. Under Schedule 1 of the act, the following items, articles and/or devices are defined as Prohibited Weapons: Knives Flick knife: A knife or device that has a blade which opens automatically by gravity or centrifugal force or by any pressure applied to a button, spring or device in or attached to the handle of the knife. Ballistic knife: A knife that propels a knife-like blade of any material by any means other than an explosive. Sheath Knife: A knife or device that has a sheath which withdraws into its handle by gravity or centrifugal force or if pressure is applied to a button, spring or device attached to or forming part of the sheath, handle or blade of the knife. Urban Skinner push dagger: A knife or device that consists of a single-edged or multi-edged blade or spike that has a handle fitted transversely to the blade or spike and allows the blade or spike to be supported by the palm of the hand so that stabbing blows or slashes can be inflicted by a punching or pushing action. Trench knife: A knife or device that consists of a single-edged or multi-edged blade or spike that is fitted with a handle made of any hard substance that can be fitted, wholly or partly, over the knuckles of the hand of the user to protect the knuckles and increase the effect of a punch or blow, or that is adapted for such use. A butterfly knife: A knife or device that consists of a single-edged or multi-edged blade or spike that fits within 2 handles attached to the blade or spike by transverse pivot pins and is capable of being opened by gravity or centrifugal force. A star knife: A knife or device that consists of a number of angular points, blades or spikes disposed outwardly about a central axis point and that are designed to spin around the central axis point in flight when thrown at a target. A zombie knife: A knife or device that has a multi-edged blade, including a serrated section of blade, and; is advertised or otherwise made available for sale using images or words that suggest the knife or device is intended to be used for violence, whether actual or threatened, against a person or fictional creature (such as a zombie); or has, on the blade or handle, images, words or markings that suggest the knife or device is intended to be used for violence, whether actual or threatened, against a person or fictional creature (such as a zombie), or has been used to inflict violence. Military-Style Weapons Explosives: Any bomb, Improvised explosive device, grenade, rocket, missile or mine or other similar device (such as a tear-gas canister) that is in the nature of, or that expels or contains, an explosive, incendiary, irritant, gas or smoke, and whether or not it is live, has been deactivated or is spent. Explosives launcher: Any device intended for use by a military or defence force and that is designed to propel or launch an explosive. Flame Thrower: A flame thrower that is of military design or any other device that is capable of projecting ignited incendiary fuel. Miscellaneous Weapons Spear Gun: A spear gun having an overall length (being the length of the spear gun when it is not loaded with a spear) of less than 45 centimetres. Crossbow: A crossbow (or any similar device) consisting of a bow fitted transversely on a stock that has a groove or barrel designed to direct an arrow or bolt. Slingshot: A slingshot (being a device consisting of an elasticised band secured to the forks of a “Y” shaped frame), other than a home-made slingshot for use by a child in the course of play. Saunders “Falcon” Hunting Sling: A device in the nature of a hunting sling, catapult or slingshot that is designed for use with, or a component part of which is, a brace that fits or rests on the forearm or on another part of the body of the user and supports the wrist against the tension of elastic material used to propel a projectile. Blow-gun or blow-pipe: A device that is capable of projecting a dart, or any other device that consists of a pipe or tube through which missiles in the form of a dart are capable of being projected by the exhaled breath of the user or by any other means other than an explosive. Dart: A device capable of being projected from a blow-gun or blow-pipe. Farallon Shark Dart: A dart or any other similar device that is designed to expel, on contact, any gas or other substance capable of causing bodily harm and which is reasonably capable of being carried concealed about the person. Mace: A device that consists of a club or staff fitted with a flanged or spiked head, other than a ceremonial mace made for and used solely as a symbol of authority on ceremonial occasions. Flail: A device that consists of a staff or handle that has fitted to one end, by any means, a freely swinging striking part that is armed with spikes or studded with any
Offensive Conduct
Offensive Conduct Under section 4 of the Summary Offences Act 1988, a person must not conduct themselves in an offensive manner in or near, or within view or hearing from, a public place or a school. Offensive conduct is not defined by legislation; however, it has been shaped by judicial interpretation of this section over time. Generally, offensive conduct refers to actions that are calculated to wound feelings, arouse anger, resentment, disgust, or outrage in the mind of a reasonable person. When the courts determine whether conduct is offensive, they must consider the circumstances in which the words were used, including factors such as location, audience, and context. The maximum penalty for this offence, if dealt with by an infringement notice, is $500, and if dealt with by the Local Court, is a term of imprisonment of 3 months and/or $660 fine. Offensive Language Under section 4A of the Summary Offences Act 1988, a person must not use offensive language in or near, or within hearing of, a public place or school. Offensive language is not defined by legislation; however, it has been shaped by judicial interpretation of this section over time. Generally, offensive language refers to words that are calculated to wound feelings, arouse anger, resentment, disgust, or outrage in the mind of a reasonable person. When the courts determine whether words spoken are offensive, they must consider the circumstances in which the words were used, including factors such as location, audience, and context. The maximum penalty for this offence, if dealt with by an infringement notice, is $500, and if dealt with by the Local Court, is a fine of $660. Custody of Offensive Implement Under section 11B of the Summary Offences Act 1988, a person must not, without reasonable excuse, have an offensive implement in their custody in a public place or a school. An offensive implement is defined as anything made or adapted for causing injury to a person, or anything that the person in custody intends to use to injure or menace a person or damage property. The maximum penalty for an offence under this section is 2 years imprisonment and/or a fine of $5,500.
Possession of Knife
Custody of Knives in Public Places or Schools Under section 93IB of the Crimes Act 1900, a person must not have in their custody a knife in a public place or a school without a reasonable excuse. A ‘Public Place’ is not defined by legislation; however, it has been shaped by judicial interpretation of this section over time. Generally, it means any area, premises or portion of a premises that is accessible to the public. This includes places like shopping centres, shops, restaurants, pubs, clubs and sporting venues. Vehicles can also be considered public places, depending on the purpose that the vehicle is used for and the location of the vehicle. Maximum Penalty: Offence Infringement notice Maximum penalty that can be imposed by the Court Custody of knife in a public place or school (first offence) $550 Local Court: 2 years imprisonment and/or $4,400 fine District Court: 4 years imprisonment and/or $4,400 fine Custody of knife in a public place or school (second offence +) Not applicable Local Court: 2 years imprisonment and/or $4,400 fine District Court: 4 years imprisonment and/or $4,400 fine Use or carry a knife that is visible in a public place Under section 93IC of the Crimes Act 1900, A person must not use a knife, or carry a knife that is visible, if the use or carrying occurs in the presence of a person & in a public place or a school & in a way that is likely to cause a reasonable person to reasonably fear for the person’s safety. A ‘Public Place’ is not defined by legislation; however, it has been shaped by judicial interpretation of this section over time. Generally, it means any area, premises or portion of a premises that is accessible to the public. This includes places like shopping centres, shops, restaurants, pubs, clubs and sporting venues. Vehicles can also be considered public places, depending on the purpose that the vehicle is used for and the location of the vehicle. Maximum Penalty: Offence Infringement notice Maximum penalty that can be imposed by the Local Court Maximum penalty that can be imposed by the District Court Use or Carry a knife that is visible in a public place or school causing fear for safety $550 2 years imprisonment and/or $11,000 fine 4 years imprisonment and/or $11,000 fine
Drug Offences
Possession of Prohibited Drugs Under section 10 of the Drug Misuse and Trafficking Act 1985, a person must not have in their possession a prohibited drug. ‘Possession’ is not defined by legislation; however, it has been shaped by judicial interpretation of this section over time. Generally, it means that you intentionally have physical control or custody of a thing AND knowledge that you have it in your custody or control. Possession of a thing can either be exclusive (only you) or joint (shared with one or more other people). Maximum Penalty: 2 years imprisonment and/or a $2,200 fine. Possession of Equipment for Administering Drugs Under Section 11 of the Drug Misuse and Trafficking Act 1985, a person must have in their possession any item of equipment for use in the administration of a prohibited drug unless the equipment was lawfully prescribed, supplied or authorised by a licenced health professional. Some examples of equipment used to administer drugs might be: A bong; A ice pipe Rolling paper A cocaine straw Empty drug capsules Maximum Penalty: Offence Infringement notice Maximum penalty that can be imposed by the Local Court Possession of Equipment used for Administering Prohibited Drugs $400 2 years imprisonment and/or $2,200 fine Self-administration of Prohibited Drugs Under section 12 of the Drug Misuse and Trafficking Act 1985, A person commits an offence if they administer a prohibited drug to themselves without lawful authority. Maximum Penalty: Offence Infringement notice Maximum penalty that can be imposed by the Local Court Administering Yourself a Prohibited Drug $400 2 years imprisonment and/or $2,200 fine Prohibited Plants Under section 23 of the Drug Misuse and Trafficking Act 1985, a person commits an offence if they cultivate, supply, or possess a prohibited plant. Prohibited plants include cannabis plants, plants of the genus Erythroxylon, and plants of the species Papaver somniferum, Papaver, and Papaver bracteatum. This may also include plants that can be used to grow prohibited plants. Cultivate: The word “cultivate,” in relation to a prohibited plant, includes sowing or scattering the seed, as well as planting, growing, tending, nurturing, or harvesting the prohibited plant. Supply: The word “Supply” in relation to a prohibited plant, includes to sell and distribute, and also includes agreeing to supply, or offering to supply, or keeping or having in possession for supply, or sending, forwarding, delivering or receiving for supply, or authorising, directing, causing, suffering, permitting or attempting any of those acts or things. Possess: “Possess” is not defined by legislation; however, it has been shaped by judicial interpretation of this section over time. Generally, it means that you intentionally have physical control or custody of a thing AND knowledge that you have it in your custody or control. Possession of a thing can either be exclusive (only you) or joint (shared with one or more other people). Maximum Penalty: Offence Maximum penalty that can be imposed by the Local Court Maximum penalty that can be imposed by the District Court Cultivate cannabis plant (less than or equal to 5 grams) 2 years imprisonment and/or $5,500 fine 10 years imprisonment and/or $220,000 fine Cultivate Prohibited Plant, not cannabis (less than or equal to small quantity) 2 years imprisonment and/or $5,500 fine 15 years imprisonment and/or $220,000 fine Cultivate cannabis plant (greater than 5 grams and less than or equal to 50 grams) 2 years imprisonment and/or $11,000 fine 10 years imprisonment and/or $220,000 fine Cultivate prohibited plant (greater than small quantity and less than or equal to indictable quantity) 2 years imprisonment and/or $11,000 fine 15 years imprisonment and/or $220,000 fine Cultivate cannabis plant, not indoors (greater than 50 grams and less than or equal to 250 grams) 2 years imprisonment and/or $11,000 fine 10 years imprisonment and/or $220,000 fine Cultivate prohibited plant, not cannabis (greater than indictable quantity) Not applicable 15 years imprisonment and/or $220,000 fine Supply cannabis plant (less than or equal to 5 grams) 2 years imprisonment and/or $5,500 fine 10 years imprisonment and/or $220,000 fine Supply prohibited plant, not cannabis (less than or equal to small quantity) 2 years imprisonment and/or $5,500 fine 15 years imprisonment and/or $220,000 fine Supply cannabis plant (greater than 5 grams and less than or equal to 50 grams) 2 years imprisonment and/or $11,000 fine 10 years imprisonment and/or $220,000 fine Supply prohibited plant (greater than small quantity and less than or equal to indictable quantity) 2 years imprisonment and/or $11,000 fine 15 years imprisonment and/or $220,000 fine Supply cannabis plant (greater than 50 grams and less than or equal to 250 grams) 2 years imprisonment and/or $11,000 fine 10 years imprisonment and/or $220,000 fine Supply prohibited plant, not cannabis (greater than indictable quantity) Not applicable 15 years imprisonment and/or $220,000 fine Possess cannabis plant (less than or equal to 5 grams) 2 years imprisonment and/or $5,500 fine 10 years imprisonment and/or $220,000 fine Possess prohibited plant, not cannabis (less than or equal to small quantity) 2 years imprisonment and/or $5,500 fine 15 years imprisonment and/or $220,000 fine Possess cannabis plant (greater than 5 grams and less than or equal to 50 grams) 2 years imprisonment and/or $11,000 fine 10 years imprisonment and/or $220,000 fine Possess prohibited plant (greater than small quantity and less than or equal to indictable quantity) 2 years imprisonment and/or $11,000 fine 15 years imprisonment and/or $220,000 fine Possess cannabis plant (greater than 50 grams and less than or equal to 250 grams) 2 years imprisonment and/or $11,000 fine 10 years imprisonment and/or $220,000 fine Possess prohibited plant, not cannabis (greater than indictable quantity) Not applicable 15 years imprisonment and/or $220,000 fine Cannabis Caution Scheme (CCS) The “Cannabis Caution Scheme” has been in place since 2000 and is operated by the NSW Police Force. A caution can be issued under the scheme at the discretion of a NSW Police officer. Police may exercise their discretion in appropriate cases; however, they may instead decide to formally charge offenders at their own discretion. This scheme applies to the cautioning of adults detected using or in possession of small quantities (not more than 30
Money Laundering and Dealing with Proceeds of Crime
Money Laundering (Proceeds of Crime) Under section 193B of the Crimes Act 1900, a person commits an offence if they deal with proceeds of crime, and intending to conceal that it is proceeds of crime. Money or property is considered proceeds of crime if it is wholly or partly derived, realised, or obtained, whether directly or indirectly, from the commission of a criminal offence. Proceeds of crime can also be dealt with “recklessly.” A person is considered reckless in dealing with proceeds of crime if they are aware of a substantial risk that the property or money might be proceeds of crime, and despite this awareness, they choose to deal with it anyway. This means they recognise the risk but decide to proceed regardless of the circumstances. Maximum Penalty: Offence Maximum penalty that can be imposed by the Local Court Maximum penalty that can be imposed by the District Court Knowingly deal with proceeds of crime with an intent to conceal that it is proceeds of crime Not applicable 20 years imprisonment Knowingly deal with proceeds of crime (no intent to conceal) Not applicable 15 years imprisonment Recklessly deal with proceeds of crime greater than $5,000 2 years imprisonment and/or $11,000 fine 10 years imprisonment Recklessly deal with proceeds of crime less than or equal to $5,000 and greater than $2,000 2 years imprisonment and/or $5,500 fine 10 years imprisonment Recklessly deal with proceeds of crime less than or equal $2,000 2 years imprisonment and/or $2,200 10 years imprisonment Money Laundering (Proceeds of General Crime) Under section 193BA(1) of the Crimes Act 1900, a person is guilty of an offence if the person deals with proceeds of general crime with a value of $100,000 or more being reckless as to whether it is proceeds of general crime, and intending to conceal or disguise features of the property. Under section 193BA(3) of the Crimes Act 1900, a person is guilty of an offence if the person deals with proceeds of general crime with a value of $100,000 or more being reckless as to whether it is proceeds of general crime. Recklessness is a fundamental element of both offences. Proceeds of crime can also be dealt with “recklessly.” A person is considered reckless in dealing with proceeds of crime if they are aware of a substantial risk that the property or money might be proceeds of crime, and despite this awareness, they choose to deal with it anyway. This means they recognise the risk but decide to proceed regardless of the circumstances. Maximum Penalty: Offence Maximum penalty that can be imposed by the Local Court Maximum penalty that can be imposed by the District Court or Supreme Court Recklessly dealing with proceeds of general crime with an intent to conceal with a value of $100,000 or more Not applicable 15 years imprisonment Recklessly dealing with proceeds of general crime with a value of $100,000 or more 2 years imprisonment and/or a fine of $11,000 10 years imprisonment Dealing with Property Suspected of Being Proceeds of Crime Under section 193C of the Crimes Act 1900, a person is guilty of an offence if the person deals with property, and there are reasonable grounds to suspect that the property is proceeds of crime, and at the time of the dealing, the value of the property is $100,000 or more. It is a defence to a prosecution for an offence under this section if the defendant satisfies the court that the defendant had no reasonable grounds for suspecting that the property was substantially derived or realised, directly or indirectly, from an act or omission constituting an offence against a law in force in the Commonwealth, a State or a Territory or another country. Maximum Penalty: Offence Maximum penalty that can be imposed by the Local Court Maximum penalty that can be imposed by the District Court Dealing with property suspected of being proceeds of crime ($5,000,000 or more) 2 years imprisonment and/or $11,000 fine 8 years imprisonment Dealing with property suspected of being proceeds of crime (less than $5,000,000 and greater than or equal to $100,000) 2 years imprisonment and/or $11,000 fine 5 years imprisonment Dealing with property suspected of being proceeds of crime (less than $100,000 and greater than $5,000) 2 years imprisonment and/or $11,000 fine 3 years imprisonment Dealing with property suspected of being proceeds of crime (less than or equal to $5,000 and greater than $2,000) 2 years imprisonment and/or $5,500 fine 3 years imprisonment Dealing with property suspected of being proceeds of crime (less than or equal $2,000) 2 years imprisonment and/or $2,200 fine 3 years imprisonment
Fraud
Fraud Under Section 192E of the Crimes Act 1900, a person commits an offence if, by any deception, they dishonestly obtain property belonging to another, obtain a financial advantage, or cause any financial disadvantage to that person. Maximum Penalty: Offence Maximum penalty that can be imposed by the Local Court Maximum penalty that can be imposed by the District Court Dishonestly obtain property by deception 2 years imprisonment and/or $11,000 fine 10 years imprisonment Dishonestly obtain financial advantage or cause financial disadvantage by deception 2 years imprisonment and/or $11,000 fine 10 years imprisonment Identity Fraud Sections 192J and 192K of the Crimes Act 1900, make it a criminal offence to deal with and possess identification information with the intention of committing, or of facilitating the commission of, an indictable offence. Section 192L of the Crimes Act 1900 makes it a criminal offence to possess equipment, materials, or items capable of being used to create a document or other item containing identity information, if the person in possession intends to use it to commit or facilitate the commission of an indictable offence. Maximum Penalty: Offence Maximum penalty that can be imposed by the Local Court Maximum penalty that can be imposed by the District Court Deal with identity information to commit an indictable offence 2 years imprisonment and/or a $11,000 fine 10 years imprisonment Possess identity information to commit an indicatable offence 2 years imprisonment and/or a $11,000 fine 7 years imprisonment Possess equipment (valued at more than $2,000) to make identity information 2 years imprisonment and/or a $5,500 fine 3 years imprisonment Possess equipment (valued at less than or equal to $2,000) to make identity information 2 years imprisonment and/or a $2,200 fine 3 years imprisonment
Break and Enter
Breaking out of dwelling-house after committing, or entering with intent to commit a serious indictable offence This offence occurs when a person enters the dwelling-house of another with the intent to commit a serious indictable offence and subsequently breaks out of the dwelling-house, or when a person, while inside the dwelling-house of another, commits a serious indictable offence and subsequently breaks out of the dwelling-house. A dwelling-house is defined under the legislation as any building, structure, boat or vehicle where a person resides. A serious indictable is defined under the legislation as any criminal offence which is punishable by a term of imprisonment of 5 years of more. Maximum Penalty: Offence Maximum penalty that can be imposed by the Local Court Maximum penalty that can be imposed by the District Court Enter dwelling with intent to destroy damage property and break out 2 years imprisonment and/or $11,000 fine 14 years imprisonment Enter dwelling with intent to commit a serious indictable offence and break out Not applicable 14 years imprisonment Enter dwelling with intent to steal and break out 2 years imprisonment and/or $11,000 fine 14 years imprisonment Enter dwelling and commit serious indictable offence and break out Not applicable 14 years imprisonment Enter dwelling and destroy damage property (less than or equal to $60,000) and break out 2 years imprisonment and/or $11,000 fine 14 years imprisonment Enter dwelling of another and destroy damage property (more than $60,000) and break out Not applicable 14 years imprisonment Enter dwelling of another and steal property (less than or equal to $60,000) and breaks out 2 years imprisonment and/or $11,000 fine 14 years imprisonment Enter dwelling of another and steal property (more than $60,000) and breaks out Not applicable 14 years imprisonment Enter dwelling in company and commit a serious indictable offence and break out Not applicable 20 years imprisonment Enter dwelling and commit a serious indictable offence (deprive another of their liberty) and break out Not applicable 20 years imprisonment Enter dwelling and commit a serious indictable offence whilst armed with an offensive weapon or instrument and break out Not applicable 20 years imprisonment Enter dwelling and commit serious indictable offence (inflict Actual Bodily Harm on another) and break out Not applicable 20 years imprisonment Enter dwelling and commit serious indictable offence knowing there are people in the dwelling and break out Not applicable 20 years imprisonment Enter dwelling and commit serious indictable offence (use corporal violence) and break out Not applicable 20 years imprisonment Enter dwelling in company and damage property and break out Not applicable 20 years imprisonment Enter dwelling in company and steal and break out Not applicable 20 years imprisonment Enter dwelling and commit serious indictable offence using dangerous weapon and break out Not applicable 25 years imprisonment Enter dwelling and commit serious indictable offence and maliciously inflicts grievous bodily harm on another and break out Not applicable 25 years imprisonment Enter dwelling and commit serious indictable offence and wounds another person and break out Not applicable 25 years imprisonment Enter dwelling and intends to commit a serious indictable offence using dangerous weapon and break out Not applicable 25 years imprisonment Enter dwelling and intends to commit a serious indictable offence and maliciously inflicts grievous bodily harm on another and break out Not applicable 25 years imprisonment Enter dwelling and intends to commit a serious indictable offence and wounds another person and break out Not applicable 25 years imprisonment Breaking, entering and assaulting with intent to murder etc This offence occurs when a person breaks and enters any dwelling-house, or any building appurtenant thereto, and while therein or on premises occupied therewith assaults with intent to murder any person, or inflicts grievous bodily harm upon any person. Grievous bodily harm is defined under the legislation and includes the following: (a) the destruction (other than in the course of a medical procedure or a termination of a pregnancy in accordance with the Abortion Law Reform Act 2019 ) of the foetus of a pregnant woman, whether or not the woman suffers any other harm, and (b) any permanent or serious disfiguring of the person, and (c) any grievous bodily disease (in which case a reference to the infliction of grievous bodily harm includes a reference to causing a person to contract a grievous bodily disease). Maximum Penalty: Offence Maximum penalty that can be imposed by the Local Court Maximum penalty that can be imposed by the District Court Enter dwelling and assault another person with the intend of murdering them Not applicable 25 years imprisonment Enter dwelling and inflict grievous bodily harm on another person Not applicable 25 years imprisonment Enter dwelling-house Under section 111 of the Crimes Act 1900, it is a criminal offence to enter a dwelling-house with the intent to commit a serious indictable offence. A serious indictable offence is defined under the legislation as a criminal offence which carries a term of imprisonment of 5 years or more. Offence Maximum penalty that can be imposed by the Local Court Maximum penalty that can be imposed by the District Court Enter dwelling with intent to commit a serious indictable offence Not applicable 10 years imprisonment Enter dwelling with intent to destroy/damage property 2 years imprisonment and/or $11,000 fine 10 years imprisonment Enter dwelling with intent to steal 2 years imprisonment and/or $11,000 fine 10 years imprisonment Enter dwelling in company with intent to steal or damage property (less than or equal to $60,000) 2 years imprisonment and/or $11,000 fine 14 years imprisonment Enter dwelling with intent to commit indictable offence whilst armed with an offensive weapon or instrument Not applicable 14 years imprisonment Enter dwelling with intent to deprive another person of their liberty Not applicable 14 years imprisonment Enter dwelling with intent to inflict Actual Bodily Harm on another person Not applicable 14 years imprisonment Enter dwelling with intent to commit a serious indictable offence knowing other people are present in the dwelling Not applicable 14 years imprisonment Enter dwelling with intent to inflict corporal violence on another person Not applicable 14 years imprisonment Enter dwelling in