What are the knife laws in NSW?
What are the Knife Laws in NSW?
Recent knife crimes in NSW have caused numerous murders, stabbings and injuries. The knife laws in NSW are governed by Summary Offences Act 1988. Under s11C of the Act, Possessing a knife in a public place or school is a crime under section 11C of the Summary Offences Act 1988, which carries a maximum penalty of 2 years in prison and/or a fine of $2,200.
In New South Wales, Victoria, Northern Territory, and South Australia – it is illegal to carry a weapon, even for self-defence.
Definitions for Knife Laws
A public place is defined as a place, or part of premises, that is open to or used by the public, whether or not for payment, and whether or not only open only to a limited class of persons.
A ‘knife’ includes a knife blade, razor blade, and any other blade, which extends to all cutting instruments, from regular kitchen knives to multi-purpose tools and hunting knives.
Available Defence for Knife Laws
The available defence to a charge of possessing a knife is a reasonable excuse. A person is not guilty of the offence if they can establish a ‘reasonable excuse’ for possessing the knife, for example:
- the lawful pursuit of the person’s occupation, education or training,
- the exhibition of knives for retail or other trade purposes,
- the preparation or consumption of food or drink,
- genuine religious purposes,
- participation in a lawful entertainment, recreation or sport,
- an organised exhibition by knife collectors, or
- the wearing of an official uniform.
A reasonable excuse does not include carrying the knife for self-defence or the defence of another person.
Proposed changes to knife laws in NSW
With recent knife crimes in Australia, there are discussions in the parliament about introducing new legislation. That is, to introduce stricter knife laws in NSW and other states in Australia.
If you have been charged with possession of a knife, you should speak to a criminal defence lawyer.
