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
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4 years imprisonment and/or $11,000 fine |