Prohibited Weapons
An article is a prohibited weapon if it is described in schedule
1 of the Regulations (short list of
prohibited weapons or list with full
description) made pursuant to the Weapons Act.
The offence
It is rather straightforward in that a person commits an offence
who -
- brings or sends a prohibited weapon into the State;
- carries or possesses a prohibited weapon;
- purchases, sells or supplies a prohibited weapon; or
- manufactures a prohibited weapon,
It is also an offence to attempt to do any of the above.
The penalty
The penalty is substantial - imprisonment for three years and a
fine of $36,000.
The exemptions
The range of exceptions is very limited. There are
exemptions relating to specific employment situations of the
police, museum personnel who may end up in possession of prohibited
weapons in the course of their employment. Those who need to
deliver items two people entitled to them and taking prohibited
weapons to the police.
The legislation does make provision for:
- prescribing circumstances that provide an exception; and
- exceptions for particular class of people.
The prescribed circumstances provision has been used to exclude
the use of possession or carrying of an extendable baton by a
holder of a security officer's licence issued in the terms of the
relevant legislation and certain circumstances around that for
teachers and trainees in order to get the necessary
qualification.
The class of persons provision has been utilised by exempting
-
- collectors of prohibited weapons (regulation 9); and
- prison officers in performance of their duties (regulation 10);
and
- blow pipes being used by people with disabilities (regulation
11); and
- Federal and State police officers (regulation 12); and
- people involved in dramatic productions (regulation 13);
and
- crossbow is for members of archery clubs (regulation 14);
- crossbow possessed in performance of an occupation prior to 1
July 2011 and subject to certain other requirements (regulation
15);