Victorian Consolidated Legislation

Control of Weapons Act 1990 - SECT 6

Control of controlled weapons

6. Control of controlled weapons



(1) A person must not possess, carry or use a controlled weapon without lawful
excuse.

Penalty: 120 penalty units or imprisonment for 1 year.

(1A) A person who is in licensed premises or in a public place that is in the
immediate vicinity of licensed premises must not possess, carry or use a
controlled weapon without lawful excuse.

Penalty: 240 penalty units or imprisonment for 2 years.

(1B) If a person is convicted or found guilty of an offence against subsection
(1A) in respect of an act or omission that person is not liable to be
convicted or found guilty of an offence against subsection (1) in respect of
the same act or omission.

(2) A person must not carry a controlled weapon unless it is carried in a safe
and secure manner consistent with the lawful excuse for which it is possessed
or is carried or is to be used.

Penalty: 20 penalty units.

(3) In this section lawful excuse includes-

   (a)  the pursuit of any lawful employment, duty or activity; and

   (b)  participation in any lawful sport, recreation or entertainment; and

   (c)  the legitimate collection, display or exhibition of weapons-

but does not include for the purpose of self-defence.

(4) In considering whether a person has lawful excuse to possess, carry or use
a controlled weapon, the court must have regard to the circumstances, such as
time and location, of the incident.