Victorian Consolidated Legislation

Control of Weapons Act 1990 - SECT 7

Control of use of dangerous articles

7. Control of use of dangerous articles



(1) A person must not in a public place possess or carry a dangerous article
without lawful excuse.

Penalty: 60 penalty units or imprisonment for 6 months.

(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 or carry a dangerous
article without lawful excuse.

Penalty: 120 penalty units or imprisonment for 1 year.

(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) 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 the article; and

   (d)  the use of the article for the purpose for which it is designed or
        intended-

but does not include possession or carriage of a dangerous article for the
purpose of self-defence.

* * * * *



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