Knife Laws

[conco46]

Iv never asked this before cause iv never needed to cause I don't walk around carrying knives, but what's the law on carrying a knife in public? you see farmers & a lot of older guys carry a pocket knife on there belt a lot or tool knife, fold knife, not sure about a fixed blade knife.

are you allowed or not?

cheers

[Walker]

I guess that all depends on what is an appropriate time/place to be carrying a knife . A farmer or other country person it wouldn't look so offensive but there would be no need for a person to have one in the city unless they're going fishing .

[conco46]

I guess that all depends on what is an appropriate time/place to be carrying a knife . A farmer or other country person it wouldn't look so offensive but there would be no need for a person to have one in the city unless they're going fishing .

I agree but im interested in what the laws says about that, reason I do ask is I was pig hunting 2-3 weeks ago left the prop to get a hot chook from store and walk in the store and still had a fairly large knife on me belt, when I noticed I went back to the ute and put it away.

so just wondering in case I bump into a coppa on the way out if it happened again, witch I don't plain on doing

cheers

[Walker]

That would all depend if there were any hairy armpit vegans that took offence to your large knife . It all comes down to someone taking "offence " and calling the police .

I cant give you any specifics im not a law maker

[Kikka]

Its official, we are ed;

http://www.police.vic.gov.au/content.asp?Document_ID=26793

You can be searched for knives in a public place anywhere, anytime, with and without notice.

If you are 16 and over and get caught carrying a controlled weapon such as a knife, you face an on the spot fine of $1,000, or you may have to go to court and face a fine of over $14,000 or one year imprisonment.

This penalty is doubled if you are inside or within 20 metres of a pub, club or bar.

It’s an offence for anyone under 18 to buy any kind of knife, or any other controlled weapon. This includes
kitchen knives, bread and butter knives, box cutters and even plastic knives. If a child needs a knife for a
legitimate reason, such as for work, they will need to get their parent or guardian to purchase the knives for
them.

I guess when kids buy chicken for lunch they will need to have their plastic knives crimped.

My understanding is if the copper wants to do you, they can. In saying that you do have a lawful (god help us) reason to carry one. Hunting is a lawful recreational activity. I used to take my knife to school (and my .22) and it never occurred to me that stabbing was something I could use it for. I thought it was for cutting string, sandwiches and such things.

Probably worth contacting them directly and asking given how ambiguous the information is.

[conco46]

Cheers kikka that answers my question.

Sent from my GT-I9195T using Tapatalk

[Fireman_DJ]

Don't believe 100% anything on the police website. They often take bits and pieces of information and put it there, which drastically changes the context of the actual laws in place.

I've been to that page before. When I first went there and again just now, the link to find more information is "The page you are looking for cannot be found".

However if you go to http://www.legislation.vic.gov.au/ , click Victorian Law Today, search for acts starting with C, you will find the "Control of Weapons Act 1990", authorised version No. 064, incorporating amendments as at 22 August 2013. (http://www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/LTObject_Store/ltobjst8.nsf/DDE300B846EED9C7CA257616000A3571/A7E773B306B9D484CA257BCC00165A08/$FILE/90-24aa064%20authorised.pdf)

I coloured what you can do in GREEN and what you can't do in RED.
Just remember if you HAVE a lawful reason, it had better explain why it's still valid at the pub!!!

I carry a Leatherman on me at ALL times, barring security controlled areas. With the wide range of tools it has, I dare you to find a situation in which is can't assist in ANY lawful employment, duty, activity, sport, recreation or entertainment.

And with police constantly telling us not to leave valuables in your vehicles in order to reduce the temptation for theft, surely they mean to include valuable tools that might be used as weapons. Wouldn't want criminals to break into your vehicle to steal them would you?

6 Control of controlled weapons

(1) A person must not possess, carry or use a controlled weapon without lawful excuse.
Penalty: 120 penalty units or imprisonment for 1 year.

(1AA) A child must not purchase a controlled weapon.
Penalty: 12 penalty units.

(1AB) A person must not sell a controlled weapon to another person knowing that the other person is a
child.
Penalty: 20 penalty units.

(1A) A person who is in licensed premises or in a public place that is in the immediate vicinity of licensed premises must not possess, carry or use a controlled weapon without lawful excuse.
Penalty: 240 penalty units or imprisonment for 2 years.

(1B) If a person is convicted or found guilty of an offence against subsection (1A) in respect of an act or omission that person is not liable to be convicted or found guilty of an offence against subsection (1) in respect of the same act or omission.

(2) A person must not carry a controlled weapon unless it is carried in a safe and secure manner consistent with the lawful excuse for which it is possessed or is carried or is to be used.
Penalty: 20 penalty units.

(3) In this section lawful excuse includes—
(a) the pursuit of any lawful employment, duty or activity; and
( participation in any lawful sport, recreation or entertainment; and
© the legitimate collection, display or exhibition of weapons—
but does not include for the purpose of self defence.

(4) In considering whether a person has lawful excuse to possess, carry or use a controlled weapon, the court must have regard to the circumstances, such as time and location, of the incident.

7 Control of use of dangerous articles

(1) A person must not in a public place possess or carry a dangerous article without lawful excuse.
Penalty: 60 penalty units or imprisonment for 6 months.

(1A) A person who is in licensed premises or in a public place that is in the immediate vicinity of licensed premises must not possess or carry a dangerous article without lawful excuse.
Penalty: 120 penalty units or imprisonment for 1 year.

(1B) If a person is convicted or found guilty of an offence against subsection (1A) in respect of an act or omission that person is not liable to be convicted or found guilty of an offence against subsection (1) in respect of the same act or omission.

(2) In this section lawful excuse includes—
(a) the pursuit of any lawful employment, duty or activity; and
( participation in any lawful sport, recreation or entertainment; and
© the legitimate collection, display or exhibition of the article; and
(d) the use of the article for the purpose for which it is designed or intended— but does not include possession or carriage of a dangerous article for the purpose of self-defence.

(4) In considering whether a person has a lawful excuse to possess or carry a dangerous article, the court must have regard to the circumstances, such as time and location, of the incident.

[Kikka]

I did notice the link was dead. It is about as ambiguous as I could imagine.

[Guest d0gm34t]

So dose this mean i can carry a machete if im bush walking in the national park?

[Shooter50]

I have carried a small blade (about 31/2 4 inches) pocket knife all my life and at times wear a fixed blade Moore Maker knife from Texas on my belt. I live in the country so most people would not bat an eyelid over the belt knife but I am aware if I'm in the city people could start getting hesterical. By the way, the fixe blade knife is also a small 3 or 4 inch blade. I hunt most weeks, at least once but offetn two or three times, so there is always a need to have it, but the bottom line is a knife is just a handy thing to have on you.

[optic]

Its not that long ago that a female contract worker.

Who was required to have her own tools, witch included a box cutter.

She was searched, like many others at the Frankston train station.

When they found the box cutter she was charged for carrying a concealed knife.

Even tho she could prove it was a requirement of her casual job.

I watched a city Knob get out of his 4x4 in Shepparton with a group of other people over Easter.

On his belt was what appeared to be a Havlon and a pocket knife.

Walked straight into the shopping center.

Because of the way the law is. And also depending on where you are let alone what the copper thinks.

Why take the chance?

Edited May 6, 2014 by optic

[Shooter50]

Its not that long ago that a female contract worker.

Who was required to have her own tools, witch included a box cutter.

She was searched, like many others at the Frankston train station.

When they found the box cutter she was charged for carrying a concealed knife.

Even tho she could prove it was a requirement of her casual job.

I watched a city Knob get out of his 4x4 in Shepparton with a group of other people over Easter.

On his belt was what appeared to be a Havlon and a pocket knife.

Walked straight into the shopping center.

Because of the way the law is. And also depending on where you are let alone what the copper thinks.

Why take the chance?

Thats the worry with the law optic, it depends on how its interpreted and there lays the problem. Its only as effective as the people who are interpreting that and a lot of them I would not leave a stuffed teddy with them to look after!

[jye87]

So dose this mean i can carry a machete if im bush walking in the national park?

Yes. Absolutely.

Its not that long ago that a female contract worker.

Who was required to have her own tools, witch included a box cutter.

She was searched, like many others at the Frankston train station.

When they found the box cutter she was charged for carrying a concealed knife.

Even tho she could prove it was a requirement of her casual job.

I watched a city Knob get out of his 4x4 in Shepparton with a group of other people over Easter.

On his belt was what appeared to be a Havlon and a pocket knife.

Walked straight into the shopping center.

Because of the way the law is. And also depending on where you are let alone what the copper thinks.

Why take the chance?

Was she going to/from work, did she have her other tools with her at the time. All that comes in to play when determining a lawful excuse. Saying I need it for work when you so I keep it in my pocket when you are out on the drink on a Saturday afternoon is not going to cut it.

A for searching people "any time/anywhere" that only applies for certain time periods in designated areas (such as Frankston station) any other time it relates to a "reasonable suspicion" and if you are playing by the rules it shouldn't be something you ever really encounter.

The example where you have been hunting and you are coming/going from a trip is not going to be an issue. Especially when you realised and took it back to the car once you were aware. 99.9% of cops would not give you a second thought even if acting upon a complaint from some "hairy arm pit vegan" (haha).

Ultimately it is up to the court to determine whether or not you have a "lawful excuse" and not the Police, however police have a certain amount of discretion and are hardly going to waste time/effort charging someone over a knife unless there is a good reason.

Most Police carry a knife or muti-tool on their work belts anyway for the exact same reason everyone on here carries a knife so are generally fairly understanding unless you are a s*** head, i guess the issue may arise with guys who have had no hunting experience may look at a fixed blade hunting knife more suspiciously than a small folding blade or a multi-tool simply based on exposure, but then again a hunting knife on a hunt is lawful as is taking it too and from, having it on your belt during a quick stop is not going to be an issue for you.

It is not all as doom and gloom as everyone thinks.

Source: The law is my job...

[Fireman_DJ]

I recall an occasion where I was driving to the fire station for a rescue job. Turned out that the job was at the end of my street and I got stopped by frantic people asking if I had any tools to help as the child's fingers were turning blue.

The only tool I had was a Leatherman. I used it. Along came a cop who pulled out his Leatherman and together we were able to free the child's hand. Cop too my details as per normal routine, not knowing I was with the brigade.

When the truck arrived, I was gently reminded that we don't respond direct to jobs. That cop came over and defended me saying as far as he was concerned, I was a member of the public rendering assistance and should be thanked.

Not every cop will be like that, nor will the situation guide them to be favourable. But cops are people too. Treat them nice and explain to them a "legitimate" reason and you should be fine.
My Leatherman is a tool I carry for impromptu repairs to my motorbike, I have no secure storage on the bike for such an expensive tool that could be used as a weapon by thieves. That gives me a genuine reason to wear it into pubs and clubs. Legally!!! But I don't do nightclubs or pubs, so no need for me to worry about it.

[fangster]

I carry a Leatherman 7 days a week, except when I'm going out on the town. Whenever I have workwear on I have the tool in a Kent pouch, on a belt by the same maker and it looks natural. But I guess I don't look like a troublemaking stereotype (hey I don't make up the stereotypes).

Out on the gas and oil fields everyone wears one on a daily basis, and this includes in towns.

I was in a local Qld national park though with the missus bushwalking recently and grabbed my hunting bumbag. A park ranger saw me and stopped me - I had a sheath knife on it still and he said they were not allowed in the park, I said I'll take it off and stick it in the bumbag and he flatly said no, they are not allowed at all. Rather than start a problem and wreck the day I left it in the car. Never officially checked out whether he was just bullshitting though.

Be buggered how you fix anything on a motorcycle with a Leatherman though, except for cutting off zip ties.

[Fireman_DJ]

I carry a couple of Allen keys, the one for the fuel bowl drain needs the reach of the long side, but then I can't get the leverage on it, so the pliers come out.
I have a couple of sockets and driver to remove most stuff, but some things like the carby need a screw driver, enter the Leatherman again.

Honestly, if you can't find a way to use a Leatherman to fix something, you aren't trying hard enough.

[fangster]

Ah yeah, forgot about the little tool kit. Lost mine somewhere. Main thing for me is the knife, scissors and pliers themselves.

[Guest d0gm34t]

So guys, Can i carry a 18inch machette when im bush walking in a national park?

[gafloss]

So guys, Can i carry a 18inch machette when im bush walking in a national park?

In a national parks, all flora & fauna are protected so, unless you can justify carrying it to cut your sandwiches & fruit, the answer is probably not.

In NSW you're not even supposed to gather fallen timber for firewood so you wouldn't be able to justify having it for that, either.

[Fireman_DJ]

As gafloss said.

If you brought in your own timber that you planned to cut up into firewood at their approved fire places, then yes. Genuine reason.
In a state forest, no problems. Can't cut standing trees, but you can collect (and cut) fallen trees and limbs for firewood.

Remember, ANY reason that is LAWFUL and applies to your CURRENT situation.


If you are walking in a shopping centre with that machete and get asked what's the reason for having it.
Saying "I'm going camping and I use it to chop firewood" isn't going to cut it.
Saying "I'm going camping on my motorbike, I use it for chopping firewood and don't have a secure storage location on my bike" should be fine (unless the cop is looking to meet his/her quota).