Weapons Act 1990

In this section—public place includes a vehicle that is in or on a public place.weapon includes—

an antique firearm, spear gun, longbow or sword; and

a replica of a weapon; and

a replica of a thing mentioned in paragraph (a); and

a slingshot or shanghai.

A person must not, without reasonable excuse, carry a weapon exposed to view in a public place.Maximum penalty—40 penalty units or 6 months imprisonment.

A person must not, without reasonable excuse, carry in a public place a loaded firearm or a weapon capable of being discharged.Maximum penalty—120 penalty units or 2 years imprisonment.

A person must not, without reasonable excuse, discharge a weapon in, into, towards, over or through a public place.Maximum penalty—200 penalty units or 4 years imprisonment.

It is a reasonable excuse for subsection (2) to carry a sword exposed to view in a public place—

to perform a lawful activity, duty or employment; or

to participate in a lawful entertainment, recreation or sport; or

to exhibit the sword; or

for use for a lawful purpose.Example for paragraph (a)—A person may carry a sword for ceremonial purposes at an official function attended by the Governor.Example for paragraph (b)—A person may carry a sword as an accessory while playing in a pipe band.Example for paragraph (c)—A person who collects swords may exhibit them at a fete or another public gathering.Example for paragraph (d)—A person may carry a sword as part of an official uniform the person is entitled to wear.

It is not a reasonable excuse for subsection (2) or (3) to carry a weapon in a public place for self-defence purposes.

In deciding what is a reasonable excuse for subsection (2) or (3), regard may be had, among other things, to whether the way the weapon is carried, or when and where it is carried, would cause a reasonable person concern that he or she, or someone else in the vicinity, may be threatened or harmed.