New South Wales Consolidated Acts

SUMMARY OFFENCES ACT 1988 - SECT 11C

11C Custody of knife in public place or school

(1) A person must not, without reasonable excuse (proof of which lies on the person), have in his or her custody a knife in a public place or a school.

Maximum penalty:

(a) 5 penalty units, or

(b) in the case of a person dealt with once previously for a knife-related offence-10 penalty units or imprisonment for 12 months, or both, or

(c) in the case of a person dealt with more than once previously for a knife-related offence-20 penalty units or imprisonment for 2 years, or both.

(2) Without limitation, it is a reasonable excuse for the purposes of this section for a person to have custody of a knife, if:

(a) the custody is reasonably necessary in all the circumstances for any of the following:

(i) the lawful pursuit of the person’s occupation, education or training,

(ii) the preparation or consumption of food or drink,

(iii) participation in a lawful entertainment, recreation or sport,

(iv) the exhibition of knives for retail or other trade purposes,

(v) an organised exhibition by knife collectors,

(vi) the wearing of an official uniform,

(vii) genuine religious purposes, or

(b) the custody is reasonably necessary in all the circumstances during travel to or from or incidental to an activity referred to in paragraph (a), or

(c) the custody is of a kind prescribed by the regulations.

(3) However, it is not a reasonable excuse for the purposes of this section for a person to have custody of a knife solely for the purpose of self defence or the defence of another person.

(4) For the purposes of subsection (1), a person is taken to have been dealt with previously for a knife-related offence if the person:

(a) has been issued with a notice under section 29A in respect of the offence and the person has paid the amount specified in the notice or the amount specified in any process issued subsequent to such a notice, or

(b) has been convicted of the offence, or

(c) has been charged with the offence and the court hearing the charge has made an order in relation to the offence under section 10 of the Crimes (Sentencing Procedure) Act 1999 .

(5) In this section, knife-related offence means:

(a) an offence under this section or section 11B or 11E, or

(b) any other offence that is punishable on conviction by imprisonment for 2 years or more if a knife was used in the commission of the offence, or

(c) an offence under a law of the Commonwealth or of another State or of a Territory that is punishable on conviction by imprisonment for 2 years or more if a knife was used in the commission of the offence.

(6) The regulations may provide that this section does not apply to or in relation to any specified class or description of knife.