Knife Laws in Australia??

[lctorana]

My brother-in-law told me that it is illegal to even carry a Swiss Army knife in my pocket in the ACT.

I used to carry it when I travelled (it was a present from my sister), but I don't now.

 

[KeeperSD]

lctorana,
I am not sure about the ACT, but I am assuming that it would have a similar lawful purpose as Qld which states

A person may carry a pen knife or swiss army knife for use for its normal utility purposes​

 

[lctorana]

No. He said it is illegal even to carry one.

 

[KeeperSD]

Just looked up the ACT legislation and it actually doesn't have a lawful purpose as i said it may, however the lawful purposes as defined it the ACT legislation are not restrictive which means I think a court would find it hard to find a person guilty of an offence if they were simply carrying a swiss army knife or a leatherman. If you were doing something stupid with it it might be a different story.

Here is a link to the ACT legislation

Section 382

 

[lctorana]

Still wouldn't risk it.

Not worth the grief.

 

[Tubor]

I got into trouble once as I had 3 knives on me here in the UK! I hadn't thought twice about it as they were all what I considered to be "pen knives" and I used them for various things around the house such as sharpening pencils (you still get a more useful pencil if sharpened with a knife IMO), changing plugs, model work and things boys get up to such as carving sticks in the garden (for making catapults usually - another hobby of mine). They were all under 4" and only one was over 3.5". I was told the limit was 3.5" and they accepted that I didn't have any :devil: "evil intent" and so let me keep my SAK and another small penknife, but confiscated the other one with my permission. That was almost 15 years ago - the laws now worry me as I'm not really sure what is legal and what isn't. It would be a shame to get a criminal record for having a very useful toolkit w/knife such as the SAK for example. Here in the UK, flick knives and butterfly knives are definitely illegal to carry/buy and so are "locking blades" and I'd worry about knives that "look good" or menacing, or with a blade longer than 3.5". Oz laws sound similar. I EDC a mini-SAK and bag carry my normal SAK when going out of town. I've been thinking about getting a leatherman too.

 

[Paladin]

In the US its only legal to carry a knife thats is no bigger than the palm of your hand,

The above comment is the most often quoted BS people repeat without knowing the law regarding knife carry in the US. I seriously doubt you can quote a single "codified in law" reference to the knife length and size of one's palm anywhere. In Texas for example as long as the knife is not double-edged (illegal dagger) the limit is 5.5 inches of BLADE length.

Paladin

 

[GregWormald]

One of the problems getting advice on this is that many of the people who should know the law, don't. The laws are different in each state.
Even finding the statutes can be difficult as knives (at least in South Australia) are addressed under 'prohibited weapons' and under the "Summary Offences Act". A Google search is your friend.
What is very clear is than carrying a knife is PROBABLY OK if you have a legitimate use for it, which does NOT include self-defense. Legitimate use is also situational--if you use it for opening mail then carrying it into a night club is NOT OK. (I bet a night club carry would only be OK if you were working at something in the club, that required cutting.)
In SA, knives are not allowed in or around any venue that serves alcohol--but that doesn't get applied to the restaurant kitchens!
In most cases, if you are not doing anything that is likely to get you searched, and not being obviously stupid in using a knife, then nobody is going to know what you are carrying--or care.
I've been carrying knives ever since I arrived in Australia (1977) and only had trouble once--carrying a 3.5 inch blade on an aircraft! (I don't carry any sharps on aircraft now.)
Greg

 

[datan]

Hi all,

I'm new to CPF and couldn't help but notice this knife thread (I'm a knife collector ).

I live in NSW and have been collecting blades for about a year, but have had my share of pretty much all the types of blades that you can think of. However have gotten rid of all blades that require permits and might get me in trouble with the local constabulary.

With regard to NSW knife laws...as mentioned by Dr Lumen and the other Aussies, they are pretty similar across all the states. As far as I have research it is not legal to carry any knife in public unless you are transporting it to and from a place of work (where you use those knives ie: as a cook etc..), or to or from a knife exhibition/ retail store, or for your use in hunting/ fishin.....so unless you have a geniune purpose for possesing the knife you better not have it on you or in your car/ possesion. I have heardof cops taking a more serious stance if the knife is concealed upon your person rather than say just pocketed or clipped.

There is NO legal length limit for knives in NSW or anywhere in Oz as far as I know. Locking blades are OK. Balisongs are NOT, Daggers are NOT, flick knives are NOT, centrifugal knives are NOT.

You CAN possess the above 'illegal blades' if you have a permit for the importation from your States Police Commissioner or State's Firearms Registry who administer these permits.

AUstralian Customs do look out for knives, and especially of late have come up with very publicised seized knives (fantasy knives mainly) that look really mean, but are actually not illegal according to the letter of the law ....bloody confusing isn't it. You are able to buy knives online and import them into Australia by mail but ensure you know your State's legislation. Even then you are not safe from Customs seizures. ACS have confiscated stuff off me even though they are legal...just because they can threaten you ith legal proceedings and imprisonment.....They are trying their best to do their work, but they don;t get it right all the time.

It is much easier to buy a knife on eBay and get it mailed to you with not much ACS intervention if it is a small folding blade with a non-threatening name (eg: Spyderco MicroDyad, or a pink coloured folder ! LOL) Rather than say one with a 5" folding blade capable of being flicked open by an overzealous Customs Officer (that is deemed as a flick knife or a centrifugal opener = illegal !!!)

I would recommend joining the AKC (Australasian Knife Collectors Club) which gives you membership and some assistance in the knife department, also gives you bonafide collectors status, if that helps.

The Laventrix Forums at www.laventrix.com is a pretty good aussie based knife forum if you want more info or help. Otherwise you can PM or email me for more specific answers/ recommendations.

Cheers
Daniel

PS: I joined CPF for info and talk about lights, but my first post is about nives ROFL :laughing:

 

[d123]

I got into trouble once as I had 3 knives on me here in the UK! I hadn't thought twice about it as they were all what I considered to be "pen knives" and I used them for various things around the house such as sharpening pencils (you still get a more useful pencil if sharpened with a knife IMO), changing plugs, model work and things boys get up to such as carving sticks in the garden (for making catapults usually - another hobby of mine). They were all under 4" and only one was over 3.5". I was told the limit was 3.5" and they accepted that I didn't have any :devil: "evil intent" and so let me keep my SAK and another small penknife, but confiscated the other one with my permission. That was almost 15 years ago - the laws now worry me as I'm not really sure what is legal and what isn't. It would be a shame to get a criminal record for having a very useful toolkit w/knife such as the SAK for example. Here in the UK, flick knives and butterfly knives are definitely illegal to carry/buy and so are "locking blades"

The UK law is actually pretty simple. A sub 3" non-locking folder is permissible for carry without any reason.

A locking folder is not illegal, but you require a reason to carry it in public, as you do to carry any fixed blade (things like camping, work)

The legislation is section 139 of the Criminal Justice Act 1988

139 Offence of having article with blade or point in public place

(1) Subject to subsections (4) and (5) below, any person who has an article to which this section applies with him in a public place shall be guilty of an offence.
(2) Subject to subsection (3) below, this section applies to any article which has a blade or is sharply pointed except a folding pocketknife.
(3) This section applies to a folding pocketknife if the cutting edge of its blade exceeds 3 inches.
(4) It shall be a defence for a person charged with an offence under this section to prove that he had good reason or lawful authority for having the article with him in a public place.
(5) Without prejudice to the generality of subsection (4) above, it shall be a defence for a person charged with an offence under this section to prove that he had the article with him—
(a) for use at work;
(b) for religious reasons; or
(c) as part of any national costume.

 

[Tubor]

The UK law is actually pretty simple. A sub 3" non-locking folder is permissible for carry without any reason.

A locking folder is not illegal, but you require a reason to carry it in public, as you do to carry any fixed blade (things like camping, work)

The legislation is section 139 of the Criminal Justice Act 1988

Thanks for the clarification!

 

[276]

The above comment is the most often quoted BS people repeat without knowing the law regarding knife carry in the US. I seriously doubt you can quote a single "codified in law" reference to the knife length and size of one's palm anywhere. In Texas for example as long as the knife is not double-edged (illegal dagger) the limit is 5.5 inches of BLADE length.

Paladin

Thats what local cops tell me when i ask them

 

[Paladin]

Thats what local cops tell me when i ask them

Obviously they do not know your local law well enough to advise citizens. Instead of defending their BS, why not spend some time researching what the laws of your state really are.

LEO's have considerable discression whether to bust someone over a carry knife. In reality this amounts to "selective" law enforcement, and is usually directed at minorities "to keep undesireables" in line. Their verbal "rule of palm" is a great example of why cops needs lawyers and the courts to keep them in line. An educated citizenry also helps...

Because of our recently passed "Castle Doctrine" being extended to one's private vehicle, the Texas DPS web site now states in plain english that besides handguns even previously "illegal knives and clubs" are no longer an offense for the average citizen IN TEXAS. Know your rights.

Paladin

 

[Biggoggs]

With regard to NSW knife laws...as mentioned by Dr Lumen and the other Aussies, they are pretty similar across all the states. As far as I have research it is not legal to carry any knife in public unless you are transporting it to and from a place of work (where you use those knives ie: as a cook etc..), or to or from a knife exhibition/ retail store, or for your use in hunting/ fishin.....so unless you have a geniune purpose for possesing the knife you better not have it on you or in your car/ possesion. I have heardof cops taking a more serious stance if the knife is concealed upon your person rather than say just pocketed or clipped.

I remember reading that somewhere, that you can only carry a knife if it's for your job, hobby, religious practice, + a few other conditions, or two-from these places. Thing is, I can't find anything like this in the TAS Criminal Code Act or Police Offenses Act, and I'm beginning to think it was probably a precedent under Common Law.


I've got a dilemma at the moment, I've carried a first-gen Spyderco Delica for at least the past three or four years in my waistband, and use it almost every day. I'm starting to worry about the legalities of it, and while I'd be legally in a better position with a multitool or smaller knife, I can't bring myself to use something like a Swiss Army Knife- I hate non-locking blades. I also own an old Leatherman Wave, but I don't carry it around- it's too big & heavy and I don't use the tools often. The 3" Delica is pretty much ideal, in fact if Australia had clearer knife laws, I'd probably carry something bigger. It's not a weapon, it's a utility.

 

[nerdgineer]

You should start a company which sold knives door-to-door. Then your part time salespeople could claim to be on the job with a case of sample knives, and go about their way.

People would probably pay you to get a non-paying commission only job with you so they could carry a case full of knives (they would provide their own, from your approved list of all the knives made...) with them.....:naughty:

 

[SparkLite]

Hi all,

I'm new to CPF and couldn't help but notice this knife thread (I'm a knife collector ).

I live in NSW and have been collecting blades for about a year, but have had my share of pretty much all the types of blades that you can think of. However have gotten rid of all blades that require permits and might get me in trouble with the local constabulary.

With regard to NSW knife laws...as mentioned by Dr Lumen and the other Aussies, they are pretty similar across all the states. As far as I have research it is not legal to carry any knife in public unless you are transporting it to and from a place of work (where you use those knives ie: as a cook etc..), or to or from a knife exhibition/ retail store, or for your use in hunting/ fishin.....so unless you have a geniune purpose for possesing the knife you better not have it on you or in your car/ possesion. I have heardof cops taking a more serious stance if the knife is concealed upon your person rather than say just pocketed or clipped.

There is NO legal length limit for knives in NSW or anywhere in Oz as far as I know. Locking blades are OK. Balisongs are NOT, Daggers are NOT, flick knives are NOT, centrifugal knives are NOT.

You CAN possess the above 'illegal blades' if you have a permit for the importation from your States Police Commissioner or State's Firearms Registry who administer these permits.

AUstralian Customs do look out for knives, and especially of late have come up with very publicised seized knives (fantasy knives mainly) that look really mean, but are actually not illegal according to the letter of the law ....bloody confusing isn't it. You are able to buy knives online and import them into Australia by mail but ensure you know your State's legislation. Even then you are not safe from Customs seizures. ACS have confiscated stuff off me even though they are legal...just because they can threaten you ith legal proceedings and imprisonment.....They are trying their best to do their work, but they don;t get it right all the time.

It is much easier to buy a knife on eBay and get it mailed to you with not much ACS intervention if it is a small folding blade with a non-threatening name (eg: Spyderco MicroDyad, or a pink coloured folder ! LOL) Rather than say one with a 5" folding blade capable of being flicked open by an overzealous Customs Officer (that is deemed as a flick knife or a centrifugal opener = illegal !!!)


Cheers
Daniel

PS: I joined CPF for info and talk about lights, but my first post is about nives ROFL :laughing:

Daniel,

Mate I'd suggest that you (and anyone else that is unsure on knife laws etc) to ring up or email Keith Spencer of the AKC and have a yarn about your concerns... he'll set yer straight no worries.

All the above posts start with "I THINK" which really means "DON'T KNOW!"


FACT: Victoria is the only state with restictions on swords/daggers or other double edged bladeware. You can still own them, you just have to get a permit from police or an exemption like AKC membership.

FACT: There is NO limit on blade length concerning pocket knives. Fixed blades are a grey area ie: How long is a knife and when does it become a short sword etc...

FACT: Assisted openers are 100% LEGAL! End of story...

FACT: There is NO law in the country against carrying a knife! The only thing is you have to justify the need to carry. For example: I'm a sparkie and I always have a pocket knife on me, along with a circuit testing screwdriver.


It worries me that people use forums to spread misinformation and make up there own interpretations of knife laws etc. even if it is unintentional...

Dan, you sold me a CRKT M16 EDC a while back and told me that you were worried it would get seized by Aust. Post cause it's an ASSISTED OPENER...?! What a load of poop! It's a liner lock pocket knife - no springs or other gadgetry - just a blade kick and a set of teflon washers...:shakehead

And thats how poop gets F%#ked up! Someone who know squat rings up customs and asks them too many questions about a certain knife or type of mechanism and Customs says "F#$k it - it's all too hard" and poop cans them as prohibited imports... :shakehead

So yeah Ring Keith!

RANT MODE OFF...


cheers

Troy

 

[Biggoggs]

FACT: There is NO law in the country against carrying a knife! The only thing is you have to justify the need to carry. For example: I'm a sparkie and I always have a pocket knife on me, along with a circuit testing screwdriver.

There are laws on carrying knives, but not specifically knives- they're considered `dangerous articles'.


I talked to a police officer last week who said you can't carry any knife at all, about it being a ``dangerous article''. I took what he said with a grain of salt, as he'd have a tendency of oversimplification and a bias in the matter, so I went and found this piece of Tasmanian Legislation;

Police Offences Act 1935 (No. 44 of 1935)
Requested: 31 Oct 2007
Consolidated as at: 23 Sep 2004

15C. Dangerous articles
......(1) A person, without lawful excuse, must not have possession of, or carry or use, a dangerous article in a public place.
Penalty:
....Fine not exceeding 10 penalty units.
......(1A) Subsection (1) does not apply to –
....(a) a police officer acting in the performance of his or her duties; or
....(b) a person, or group of persons, excluded in writing by the Commissioner from the application of that subsection.
......(2) A police officer may stop, detain and search, without a warrant, any person in a public place whom the police officer reasonably believes has possession of, or carries, any dangerous article without lawful excuse and may stop, detain and search, without a warrant, the person's vehicle.
......(3) A police officer may seize and detain any dangerous article found.
......(4) A lawful excuse excludes self-defence but includes the following:
....(a) the pursuit of a lawful occupation, duty or activity using that dangerous article;
....(b) the participation in a lawful sport, recreation or entertainment using that dangerous article;
....(c) the lawful collection, display or exhibition of that dangerous article;
....(d) the use of that dangerous article for the lawful purpose for which it was intended.
......(5) If a person is convicted or found guilty of an offence under this section, the dangerous article to which the offence relates is forfeited and may be disposed of as the court orders.
......(6) For the purposes of this section, a person who is in a motor vehicle in a public place is taken to be in the public place.

This section was modified 23rd of September 2004, where exceptions were added for police officers, and provisions to stop and search motor vehicles was added (2 & 6).


It's the `justify a need to carry' part that I have trouble with, as I use a knife for `everyday activities', not occupational/sport/collection/etc.

[edit] I found a site that lists different Australian laws on weapons (crossbows) here .

 

[tarponbill]

i In the US its only legal to carry a knife thats is no bigger than the palm of your hand, though i dont carry an assited opener on me in public unless at work.

This is total nonsense. Laws vary from state to state. None measure by palm length. I carry a simple 3 1/4 blade locking Buck, in the pocket next to my Glock 26 9mm. In my state if you have a CCW, why bother with a knife, except for daily use. If you don't know how to use it, a knife is not the best choice for defense anyway. I can carry a concealed pistol in every near-by state and around 65% of the states in the union without any additional permitting. It's only the liberal states that don't understand self defense and your right to live.

YMMV in the big cities, like NYC, but who would live there on purpose :wave: If they don't have reciprocal CCW, why go there?

 

[SparkLite]

Yeah... the cops tend to make it up as they go along (cause they don't know). Just ask around a few stations about firearms regs etc - and watch the bullshit spill forth!

Knives fall into two catagories: Prohibited and Controlled. Things like auto's, balisongs and the like are prohibited without a permit/exemption. The rest fall into the controlled weapons catagory, needing a reasonable excuse for carriage...


cheers

Troy

 

[Flash Harry]

Yeah... the cops tend to make it up as they go along (cause they don't know). Just ask around a few stations about firearms regs etc - and watch the bullshit spill forth!

Knives fall into two catagories: Prohibited and Controlled. Things like auto's, balisongs and the like are prohibited without a permit/exemption. The rest fall into the controlled weapons catagory, needing a reasonable excuse for carriage...


cheers

Troy

That's the information I have for WA too. I have spent a lot of time talking to the Police (mainly friends) about knives and none have had any problem with any knife in my collection (except the Spiderco Police model). The ones I thought would be an issue were the button lock items I imported myself and yet they breezed through customs. Only once was I asked why I had so many knives and my explanation that I was a collector was good enough. Having an AKC membership card went a long way too.

Strangely, security officers in WA are not allowed to carry any blade of any length at all. Not even a multitool if you apply the rules.