CONTROL OF WEAPONS ACT 1990 - SECT 6 Control of controlled weapons

CONTROL OF WEAPONS ACT 1990 - SECT 6

S. 6(1) amended by Nos 47/2000 s. 7(1)(a), 1/2007 s. 4.

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

Penalty:     120 penalty units or imprisonment for 1 year.

S. 6(1AA) inserted by No. 42/2010 s. 6.

    (1AA)     A child must not purchase a controlled weapon.

Penalty:     12 penalty units.

S. 6(1AB) inserted by No. 42/2010 s. 6.

    (1AB)     A person must not sell a controlled weapon to another person knowing that the other person is a child.

Penalty:     20 penalty units.

S. 6(1AC) inserted by No. 20/2015 s. 8.

    (1AC)     For the purposes of subsections (1AA) and (1AB), a controlled weapon does not include a disposable knife made of plastic, bamboo or wood and designed for eating purposes.

S. 6(1A) inserted by No. 53/2007 s. 6(1).

    (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.

S. 6(1B) inserted by No. 53/2007 s. 6(1).

    (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.

S. 6(2) amended by Nos 47/2000 s. 7(1)(b), 53/2007 s. 6(2).

    (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.

S. 6(4) inserted by No. 47/2000 s. 7(2).

    (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.