Prohibited Weapons Act 1996

This Act is the Prohibited Weapons Act 1996.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.

For example, the signpost definition, ‘firearm—see the Firearms Act 1996, section 6.’ means that the term ‘firearm’ is defined in that section and the definition applies to this Act.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to the following offences against this Act (see Code, pt 2.1):

 s 5 (Offence—unauthorised possession or use of prohibited weapons)

 s 6 (Offence—unauthorised possession or use of prohibited articles)

 s 8 (Offence—disposal of prohibited weapons and articles by unauthorised holders).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

For this Act, a person has possession of a prohibited weapon or prohibited article if the person—

has the weapon or article on their person, including in something carried or worn by the person (physical possession); or

has the weapon or article at premises owned, leased or occupied by the person; or

otherwise has the care, control or management of the weapon or article.

Also, for this Act, a person has possession of a prohibited weapon or prohibited article if—

part of the weapon or article is in the person’s possession; and

other parts of the weapon or article are in the possession of 1 or more other people; and

at least 1 of the other people is in possession of the other part or parts for an agreed purpose with the person; and

the parts would make up the weapon or article if fitted together.

For this Act, a person is not taken to have possession of a prohibited weapon or prohibited article only because the weapon or article is at premises owned, leased or occupied by the person if—

the person does not know that the weapon or article is at the premises; or

someone else who is authorised to possess the weapon or article—

is also at the premises; or

has the care, control or management of the weapon or article; or

someone else who is not authorised to possess the weapon or article has the care, control or management of the weapon or article; or

the trier of fact is otherwise satisfied that the person was not in possession of the weapon or article.

To remove any doubt, a defendant to a prosecution for an offence against this Act who wishes to rely on a matter mentioned in subsection (1) has the evidential burden in relation to the matter.

To work out whether a person has the care, control or management of a prohibited weapon or prohibited article for this Act, each of the following must be considered:

whether the person knows about the weapon or article;

whether the person can use or dispose of the weapon or article;

whether the person can control or prevent someone else from using or having physical possession of the weapon or article.

In this section:

physical possession—see section 3 (1) (a).

A person does not commit an offence against this Act only because of something done by the person in the exercise of the person’s functions as a member of—

the Australian Federal Police or a police force of a State or another Territory; or

a police service or force of a foreign country required to possess or use a prohibited weapon or prohibited article for taking part in a training activity—

conducted by the Australian Federal Police; and

carried out in the ACT; or

the Defence Force; or

a visiting force within the meaning of the Defence (Visiting Forces) Act 1963 (Cwlth); or

the Australian Cadet Corps established under the Defence Act 1903 (Cwlth); or

the council of the Australian War Memorial or of the staff of the memorial who, in the exercise of their functions and duties in accordance with the Australian War Memorial Act 1980 (Cwlth), has in their possession a prohibited weapon, forming part of the memorial collection within the meaning of that Act; or

the council of the National Museum of Australia or of the staff of the museum who, in the exercise of their functions and duties in accordance with the National Museum of Australia Act 1980 (Cwlth), has in their possession a prohibited weapon forming part of the memorial collection under that Act.

Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations and permits (see Legislation Act 2001, s 104).

Also, a person does not commit an offence against this Act only because of something done by the person in the exercise of the person’s functions as—

a corrections officer; or

an aviation security inspector under the Aviation Transport Security Act 2004 (Cwlth).

Note Exercise, function and corrections officer are defined in the Legislation Act, dict, pt 1.

Part 1A Important concepts

In this Act:

prohibited weapon—

means—

a weapon or thing described in schedule 1; and

a weapon or thing prescribed by regulation; and

something declared to be a prohibited weapon under section 4L; and

includes a modified prohibited weapon.

However, prohibited weapon does not include something declared not to be a prohibited weapon under section 4L.

A regulation may amend schedule 1—

by adding the name or description of a weapon or thing; or

by amending a name or description of a prohibited weapon to more accurately describe the weapon; or

by omitting the name and description of a prohibited weapon.

In this section:

modified prohibited weapon means a weapon or thing that would be a prohibited weapon if—

it did not have something missing from it, or a defect or obstruction; or

something had not been added to it.

In this Act:

prohibited article—

means—

an article described in schedule 2; and

an article prescribed by regulation; and

something declared to be a prohibited article under section 4L; and

includes a modified prohibited article.

However, prohibited article does not include something declared not to be a prohibited article under section 4L.

A regulation may amend schedule 2—

by adding the name or description of an article; or

by amending a name or description of a prohibited article to more accurately describe the article; or

by omitting the name and description of a prohibited article.

In this section:

modified prohibited article means an article that would be a prohibited article if—

it did not have something missing from it, or a defect or obstruction; or

something had not been added to it.

Part 1B Unregulated weapons

In this Act:

unregulated weapon—a thing is an unregulated weapon if—

the thing is designed, made or altered to be used as a weapon; and

the only practical use of the thing is as a weapon; and

the thing is not a prohibited weapon; and

the possession or use of the thing is not authorised under this Act.

In this part:

connected—a thing is connected with an offence if—

the offence has been committed in relation to it; or

it will provide evidence of the commission of the offence; or

it was used, is being used, or is intended to be used, to commit the offence.