Queensland Consolidated Acts

WEAPONS ACT 1990 - SECT 57

57 Particular conduct involving a weapon in a public place prohibited

(1) In this section—

"public place" includes a vehicle that is in or on a public place.

"weapon" includes—

(a) an antique firearm, spear gun, longbow or sword; and

(b) a replica of a weapon; and

(c) a replica of a thing mentioned in paragraph (a) ; and

(d) a slingshot or shanghai.

(2) A person must not, without reasonable excuse, carry a weapon exposed to view in a public place.

Penalty—

Maximum penalty—40 penalty units or 6 months imprisonment.

(3) A person must not, without reasonable excuse, carry in a public place a loaded firearm or a weapon capable of being discharged.

Penalty—

Maximum penalty—120 penalty units or 2 years imprisonment.

(4) A person must not, without reasonable excuse, discharge a weapon in, into, towards, over or through a public place.

Penalty—

Maximum penalty—200 penalty units or 4 years imprisonment.

(5) It is a reasonable excuse for subsection (2) to carry a sword exposed to view in a public place—

(a) to perform a lawful activity, duty or employment; or

(b) to participate in a lawful entertainment, recreation or sport; or

(c) to exhibit the sword; or

(d) for use for a lawful purpose.

Example for paragraph (a)—

A person may carry a sword for ceremonial purposes at an official function attended by the Governor.

Example for paragraph (b)—

A person may carry a sword as an accessory while playing in a pipe band.

Example for paragraph (c)—

A person who collects swords may exhibit them at a fete or another public gathering.

Example for paragraph (d)—

A person may carry a sword as part of an official uniform the person is entitled to wear.

(6) It is not a reasonable excuse for subsection (2) or (3) to carry a weapon in a public place for self-defence purposes.

(7) In deciding what is a reasonable excuse for subsection (2) or (3) , regard may be had, among other things, to whether the way the weapon is carried, or when and where it is carried, would cause a reasonable person concern that he or she, or someone else in the vicinity, may be threatened or harmed.