Controlled Weapons

Controlled weapons is a category that is largely directed at martial art weapons.

The legislation defines the term "controlled weapon" as -

(a)          an article prescribed by regulations (short list of articles or full list and description) to be a controlled weapon; or

(b)          any other article, not being a firearm or a prohibited weapon, made or modified to be used -

(i)            to injure or disable a person;

(ii)           to cause a person to fear that someone will be injured or disabled by that use; or

(iii)          for attack or defence in the practice of a martial sport, art or similar discipline.

The offence

The offence is rather simply stated - a person who, without lawful excuse, carries or possesses a controlled weapon commits an offence.

Even if a person who has a lawful excuse still commits an offence if the person carries or possesses it in a manner that could reasonably be expected to cause someone -

(a)          to be injured or disabled; or

(b)          to fear that someone will be injured or disabled.

Penalty

There are very limited exceptions and the penalty is imprisonment for 2 years and a fine of $24 000.

Lawful excuse

Whilst "lawful excuse" is not defined by the legislation, it does state that it is not a lawful excuse "that the weapon is carried or possessed for defence".