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WEAPONS ACT 1990 - SECT 51
Possession of a knife in a public place or a school
(1) A person must not physically possess a knife in a public place or a
school, unless the person has a reasonable excuse. Penalty— Maximum
penalty—40 penalty units or 1 year’s imprisonment.
(2) It is a
reasonable excuse for subsection (1) to physically possess a knife— (a) to
perform a lawful activity, duty or employment; or
(b) to participate in a
lawful entertainment, recreation or sport; or
(c) for lawfully exhibiting the
knife; or
(d) for use for a lawful purpose.
Example for subsection (2)(a)—
1 A person may carry a knife on his or her belt for performing work in primary
production.
Examples for subsection (2)(b)— 1 A scout may carry a knife on his or her
belt as part of the scout uniform.
2 A person may carry a knife as an
accessory while playing in a pipe band.
3 A fisher may carry a knife for use
while fishing.
Example for subsection (2)(c)— 1 A person who collects knives may exhibit
them at a fete or another public gathering.
Examples for subsection (2)(d)— 1 A person may use a knife to prepare or
cut food at a restaurant in a public place or when having a picnic in a park.
2 A person may carry a pen knife or swiss army knife for use for its normal
utility purposes.
(3) However, it is not a reasonable excuse to physically
possess a knife in a public place or a school for self-defence purposes.
(4)
Also, it is a reasonable excuse for subsection (1) , to the extent the
subsection relates to a public place, to physically possess a knife for
genuine religious purposes. Example— A Sikh may possess, in a public place,
a knife known as a kirpan to comply with the person’s religious faith.
(5) However, it is not a reasonable excuse to physically possess a knife in a
school for genuine religious purposes.
(6) In deciding what is a reasonable
excuse for subsection (1) , regard may be had, among other things, to whether
the way the knife is held in possession, or when and where it is held in
possession, would cause a reasonable person concern that he or she, or someone
else in the vicinity, may be threatened or harmed.
(7) In this section—
"knife" includes a thing with a sharpened point or blade that is reasonably
capable of— (a) being held in 1 or both hands; and
(b) being used to wound
or threaten to wound anyone when held in 1 or both hands.
"public place" includes a vehicle that is in or on a public place.
"school" means any part of the premises of— (a) a State educational
institution under the Education (General Provisions) Act 2006 ; or
(b) a
non-State school under the
Education (Accreditation of Non-State Schools) Act 2017 .
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