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WEAPONS ACT 1990 - SECT 51 Possession of a knife in a public place or a school

WEAPONS ACT 1990 - SECT 51

Possession of a knife in a public place or a school

51 Possession of a knife in a public place or a school

(1) A person must not physically possess a knife in a public place or a school, unless the person has a reasonable excuse.
Penalty—
Maximum penalty—40 penalty units or 1 year’s imprisonment.
(2) It is a reasonable excuse for subsection (1) to physically possess a knife
(a) to perform a lawful activity, duty or employment; or
(b) to participate in a lawful entertainment, recreation or sport; or
(c) for lawfully exhibiting the knife; or
(d) for use for a lawful purpose.
Example for subsection (2)(a)—
1 A person may carry a knife on his or her belt for performing work in primary production.
Examples for subsection (2)(b)—
1 A scout may carry a knife on his or her belt as part of the scout uniform.
2 A person may carry a knife as an accessory while playing in a pipe band.
3 A fisher may carry a knife for use while fishing.
Example for subsection (2)(c)—
1 A person who collects knives may exhibit them at a fete or another public gathering.
Examples for subsection (2)(d)—
1 A person may use a knife to prepare or cut food at a restaurant in a public place or when having a picnic in a park.
2 A person may carry a pen knife or swiss army knife for use for its normal utility purposes.
(3) However, it is not a reasonable excuse to physically possess a knife in a public place or a school for self-defence purposes.
(4) Also, it is a reasonable excuse for subsection (1) , to the extent the subsection relates to a public place, to physically possess a knife for genuine religious purposes.
Example—
A Sikh may possess, in a public place, a knife known as a kirpan to comply with the person’s religious faith.
(5) However, it is not a reasonable excuse to physically possess a knife in a school for genuine religious purposes.
(6) In deciding what is a reasonable excuse for subsection (1) , regard may be had, among other things, to whether the way the knife is held in possession, or when and where it is held in possession, would cause a reasonable person concern that he or she, or someone else in the vicinity, may be threatened or harmed.
(7) In this section—


"knife" includes a thing with a sharpened point or blade that is reasonably capable of—
(a) being held in 1 or both hands; and
(b) being used to wound or threaten to wound anyone when held in 1 or both hands.

"public place" includes a vehicle that is in or on a public place.


"school" means any part of the premises of—
(a) a State educational institution under the Education (General Provisions) Act 2006 ; or
(b) a non-State school under the Education (Accreditation of Non-State Schools) Act 2017 .