s 1Short title
This Act may be cited as the Weapons Act 1999.
This Act may be cited as the Weapons Act 1999.
Subject to subsection (2), this Act comes into operation on such day as is fixed by proclamation.
Sections 6, 7 and 8 and item 2 of Schedule 1 come into operation on the day 6 months after the day fixed under subsection (1).
In this Act, unless the contrary intention appears —
article includes a liquid or gas;
carry includes to have on or about one’s person;
child means a person who is under 18 years of age;
controlled weapon means —
an article prescribed by regulations to be a controlled weapon; or
any other article, not being a firearm, a prohibited weapon or an edged weapon, made or modified to be used —
to injure or disable a person;
to cause a person to fear that someone will be injured or disabled by that use; or
for attack or defence in the practice of a martial sport, art or similar discipline;
conveyance means anything used or capable of being used to transport people or goods by air, land or water and it does not matter how it is propelled or that it may ordinarily be stationary;
defence means self‑defence, defence of another or defence of property;
edged weapon has the meaning given in section 3A;
firearm has the meaning given in the Firearms Act 2024 section 6;
possess includes to have control or dominion over and to have the order or disposition of;
prohibited weapon means an article prescribed by regulations to be a prohibited weapon;
weapon means a prohibited weapon, an edged weapon, a controlled weapon or an article to which section 8 applies.
[Section 3 amended: No. 23 of 2024 s. 495; No. 33 of 2024 s. 11.]
An edged weapon means the following —
a knife, a machete, a sickle or a scythe;
a blade of an article referred to in paragraph (a);
an axe or an axe head;
an article with a sharpened edge, that is reasonably capable of being held in 1 or both hands, and that is made or modified to be used —
to injure or disable a person; or
to cause a person to fear that someone will be injured or disabled by that use; or
for attack or defence in the practice of a martial sport, art or similar discipline;
an article prescribed by the regulations to be an edged weapon.
Despite subsection (1), an edged weapon does not include the following —
a firearm, an article prescribed by the regulations to be a controlled weapon or a prohibited weapon;
a plastic or wooden knife designed to be used for eating;
a knife with a rounded tip and dull edge;
an article prescribed by the regulations not to be an edged weapon.
[Section 3A inserted: No. 33 of 2024 s. 12.]
This Act is in addition to and not instead of any other written law relating to weapons.
This Act binds the Crown in right of the State and, so far as the legislative power of Parliament permits, in all its other capacities.
In this Part —
lawful excuse, in relation to carrying or possessing a weapon —
includes carrying or possessing the weapon for the purposes of any of the following —
a lawful employment, duty or activity;
a lawful sport, recreation or entertainment;
a lawful collection, display or exhibition of weapons;
but
does not include carrying or possessing the weapon for defence unless subsection (2) applies.
A controlled weapon of a kind prescribed by the regulations may be carried or possessed for defence if it is carried or possessed in the circumstances, if any, prescribed by the regulations.
Regulations under subsection (2) may apply generally or to a particular person or class of persons.
[Section 5A inserted: No. 33 of 2024 s. 13.]
Except as provided in subsections (2) and (3) and section 10, a person who does or attempts to do any of the following commits a crime —
brings or sends a prohibited weapon into the State;
carries or possesses a prohibited weapon;
purchases, sells or supplies a prohibited weapon;
manufactures a prohibited weapon.
Penalty for this subsection: imprisonment for 5 years and a fine of $60 000.
Summary conviction penalty for this subsection: imprisonment for 3 years and a fine of $36 000.
A person does not commit a crime under subsection (1)(b) if the person carries or possesses the prohibited weapon only so as to deliver it into the custody of —
a member of the Police Force; or
an employee in the Police Service.
A person does not, by doing or attempting to do something referred to in subsection (1), commit a crime against that subsection if it is for the purpose of fulfilling a contract for the provision of a prohibited weapon to a person who may lawfully possess it.
Note for this section:
The Young Offenders Act 1994 section 22(1) does not allow a member of the Police Force to caution a young person (as defined in section 3(1) of that Act) instead of laying a charge in relation to a crime under this section.
[Section 6 amended: No. 34 of 2009 s. 6; No. 33 of 2024 s. 14.]
Except as provided in section 10, a person who, without a lawful excuse, carries or possesses an edged weapon commits an offence.
Penalty for this subsection: imprisonment for 3 years and a fine of $36 000.
Except as provided in section 10, a person who has a lawful excuse to carry or possess an edged weapon commits an offence if the person carries or possesses it in a manner that could reasonably be expected to cause someone —
to be injured or disabled; or
to fear that someone will be injured or disabled.
Penalty for this subsection: imprisonment for 3 years and a fine of $36 000.
Note for this section:
The Young Offenders Act 1994 section 22(1) does not allow a member of the Police Force to caution a young person (as defined in section 3(1) of that Act) instead of laying a charge in relation to an offence under this section.
[Section 6A inserted: No. 33 of 2024 s. 15.]
A person who sells an edged weapon to a child commits an offence.
Penalty for this subsection: imprisonment for 3 years and a fine of $36 000.
A person who supplies an edged weapon to a child commits an offence.
Penalty for this subsection: imprisonment for 3 years and a fine of $36 000.
It is a defence to a charge of an offence under subsection (2) to prove the accused believed on reasonable grounds that, at the time the edged weapon was supplied, the child had a lawful excuse to carry or possess the weapon.
Note for this section:
The Young Offenders Act 1994 section 22(1) does not allow a member of the Police Force to caution a young person (as defined in section 3(1) of that Act) instead of laying a charge in relation to an offence under this section.
[Section 6B inserted: No. 33 of 2024 s. 15.]
Except as provided in section 10, a person who, without a lawful excuse, carries or possesses a controlled weapon commits an offence.
Penalty for this subsection: imprisonment for 2 years and a fine of $24 000.
Except as provided in section 10, a person who has a lawful excuse to carry or possess a controlled weapon commits an offence if the person carries or possesses it in a manner that could reasonably be expected to cause someone —
to be injured or disabled; or
to fear that someone will be injured or disabled.
Penalty for this subsection: imprisonment for 2 years and a fine of $24 000.
[(3‑5) deleted]
[Section 7 amended: No. 34 of 2009 s. 7; No. 33 of 2024 s. 16.]
[(1) deleted]
A person who sells a controlled weapon to a child commits an offence.
Penalty for this subsection: imprisonment for 2 years and a fine of $24 000.
A person who supplies a controlled weapon to a child commits an offence.
Penalty for this subsection: imprisonment for 2 years and a fine of $24 000.
It is a defence to a charge of an offence under subsection (3) to prove the accused believed on reasonable grounds that, at the time the controlled weapon was supplied, the child had a lawful excuse to carry or possess the weapon.
[Section 8A inserted: No. 34 of 2009 s. 8; amended: No. 33 of 2024 s. 17.]
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