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 protruding matter.
- Whip: A whip that has a lash which is comprised wholly or partly of any form of metal.
- Cat-o’-nine-tails whip: A whip that consists of a handle to which there is attached any number of knotted lashes.
- Kung fu sticks or Nunchaku (Nunchucks informally): A device consisting of 2 or more sticks or bars made of any material that are joined together by any means that allows the sticks or bars to swing independently of each other, but not including any such article that is produced and identified as a children’s toy.
- Side-handled baton: A device consisting of a baton, staff or rod that is made of any hard substance and has fitted to one side a handle, whether or not that handle is permanently fixed, but not including any such article that is produced and identified as a children’s toy.
- Extendable or telescopic baton: A hand-held baton that can expand or retract.
- Taser or shocking Devices: Any hand-held defence or anti-personnel device that is designed to administer an electric shock on contact.
- Taser gun cartridges: A cartridge or similar device that is designed to propel probes or prongs from a taser or shocking device.
- Knuckle Dusters: A device that is made of any hard substance and that can be fitted over 2 or more knuckles of the hand of the user to protect the knuckles and increase the effect of a punch or other blow or that is adapted for use as such.
- Sap glove: A device that consists of a glove (including a fingerless glove) that has a layer of powdered lead sewn under the outer covering and positioned over the knuckle area on the back of the glove.
- Studded glove: A device that consists of a glove (including a fingerless glove) that has a number of raised studs or spikes made of a hard substance and positioned over the back of the glove to increase the effect of a punch or blow.
- Defence or Anti-Presonnel Spray: Any device designed or intended as a defence or anti-personnel spray and that is capable of discharging by any means any irritant matter comprising or containing any one or more of the following substances in liquid, powder, gas or chemical form:
- chloroacetophenone, known as CN; or
- orthochlorobenzalmalononitrile, known as CS; or
- dypenylaminechloroarsone, known as DM or Adamsite; or
- oleoresin capsicum, known as OC.
- Irritant Spray: Any device designed as a defence or anti-personnel spray and that is capable of discharging any irritant matter.
- Stun grenade and Flash-Bang: Any acoustic or light-emitting anti-personnel device that is designed to cause permanent or temporary incapacity or to otherwise disorientate persons.
Imitation weapons, Concealed Blades etc
- Imitation Explosive: Any object that substantially duplicates in appearance an explosive device but not including an object that is produced and identified as a children’s toy.
- Sword Cane: A walking stick or cane that contains a sword or any other single-edged or multi-edged blade or spike of any length or of any material.
- Sword Riding Crop: A riding crop that contains a knife, stiletto or any other single-edged or multi-edged blade or spike of any length or of any material.
- Bowen Knife Belt: A device consisting of a belt or belt buckle that conceals or disguises within the article a knife or a single-edged or multi-edged blade or spike of any length or of any material.
- Concealed Weapon: Any article or device that due to its appearance is capable of being mistaken for something else that is not a weapon and disguises and conceals within it a single-edged or multi-edged blade or spike of any length or of any material.
Miscellaneous Articles:
- Body Armour Vest: A device or article designed for anti-ballistic purposes or similar purposes (such as protection against electroshock or conducted energy devices) and to be worn on (or to cover) any part of the body, but not including helmets or anti-ballistic articles used to protect the eyes or ears.
- Handcuffs (including thumb and leg cuffs): A device being a set of ring-shaped shackles of any material (and connected by any means) that are designed to be worn on the wrists, thumbs or ankles (as the case requires), but not including:
- antique handcuffs; or
- handcuffs produced and identified as children’s toys; or
- handcuffs that are designed to be released by the wearer (such as handcuffs used in theatrical productions).
- Silencer: A device designed for attachment to a firearm for the purpose of muffling, reducing or stopping the noise created by firing the firearm.
- Firearm Magazine: A device which can be used as a detachable firearm magazine of any of the following kinds:
- a rimfire rifle magazine with a capacity of more than 15 rounds; or
- a centre-fire self-loading rifle magazine with a capacity of more than 5 rounds; or
- a centre-fire rifle magazine (other than a self-loading rifle magazine) with a capacity of more than 10 rounds; or
- a shotgun magazine with a capacity of more than 5 rounds; or
- a tubular magazine extension that is capable of extending the capacity of any firearm; or
- a pistol magazine with a capacity of more than 10 rounds; or
- any magazine designed to be attached to any machine gun, sub-machine gun or other firearm that is capable of propelling projectiles in rapid succession following one pressure of the trigger.
- Brass Catcher: Any article or device, such as a device known as a brass catcher, that is designed to be attached to a firearm for the purposes of catching ejected cartridge cases when the firearm is being fired.
- Tyre Inflation Device: Any portable tyre deflation device, or any other similar portable device, that is designed to puncture, or that has been adapted for the purposes of puncturing, the tyres of a motor vehicle when driven over the device.
- Caltrop: Any article or device, such as a device known as a caltrop, that is made up of two or more sharp nails or spines arranged in such a manner that one of them always points upward however the article or device is placed and that is capable of puncturing the feet, paws or hooves of animals when they pass over the article or device.
- Laser pointer: A device that consists of a hand-held battery-operated device with a power output of more than 1 milliwatt, designed or adapted to emit a laser beam and that may be used for the purposes of aiming, targeting or pointing.
- Explosives Launcher: Any device (regardless of its composition) that is designed to propel or launch a bomb, grenade, rocket or missile by any means other than by means of an explosive, including a device known as a PVC cannon.
- Bump Stock: A bump stock or any other gunstock that is designed to enable the rapid and repeated firing of a self-loading firearm.