Weapons Control Act 2001

A person must not, without lawful excuse, proof of which is on the person, possess, carry or use a controlled weapon in a public place or school.

Maximum penalty: If the offender is an individual – 200 penalty units or imprisonment for 12 months.

If the offender is a body corporate – 1 000 penalty units.

A person must not carry a controlled weapon except in a safe and secure manner consistent with the reason for which it is possessed, carried or is to be used.

Maximum penalty: If the offender is an individual – 200 penalty units or imprisonment for 12 months.

If the offender is a body corporate – 1 000 penalty units.

Subsections (1) and (2) do not apply to a person under 18 years of age and who possesses, carries or uses a weapon mentioned in section 11A.

Despite subsections (1) and (2), if a person is found guilty of an offence against subsection (1) or (2) committed at night-time, the person is liable to a maximum penalty of twice the penalty specified in subsection (1) or (2).

In this section, lawful excuse includes:

the pursuit of a lawful employment or lawful duty; and

participation in a lawful sport, lawful recreation, lawful entertainment or lawful activity; and

the legitimate collection, legitimate display or legitimate exhibition of weapons;

but does not include for the purpose of self-defence.

In considering whether a person has a lawful excuse to possess, carry or use a controlled weapon, the court must have regard to the circumstances (including the time and location) of the incident.