Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) A person, without lawful excuse, must not have possession of, or carry or use, a dangerous article in a public place.
Penalty:
Fine not exceeding 10 penalty units.
(1A) Subsection (1) does not apply to –
(a) a police officer acting in the performance of his or her duties; or
(b) a person, or group of persons, excluded in writing by the Commissioner from the application of that subsection.
(2) A police officer may stop, detain and search, without a warrant, any person in a public place whom the police officer reasonably believes has possession of, or carries, any dangerous article without lawful excuse and may stop, detain and search, without a warrant, the person's vehicle.
(3) A police officer may seize and detain any dangerous article found.
(4) A lawful excuse excludes self-defence but includes the following:
(a) the pursuit of a lawful occupation, duty or activity using that dangerous article;
(b) the participation in a lawful sport, recreation or entertainment using that dangerous article;
(c) the lawful collection, display or exhibition of that dangerous article;
(d) the use of that dangerous article for the lawful purpose for which it was intended.
(5) If a person is convicted or found guilty of an offence under this section, the dangerous article to which the offence relates is forfeited and may be disposed of as the court orders.
(6) For the purposes of this section, a person who is in a motor vehicle in a public place is taken to be in the public place.