Knife Laws in Australia??

[Biggoggs]

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...

Ever had a police officer question yours?
I think unless someone has a KA-BAR hanging from the waist they're unlikely to be searched in the first place, and if they are searched, it seems to be largely at the officer's discretion (and their knowledge of the law). If it goes to court, the offense has to be proven without reasonable doubt. Worse-case scenario you get a $1000 fine and a minor offense on your record.


Flash Harry: Same down here, although it seems to stem from a paradox train-of-thought of `normal people can't carry knives so security definitely can't'. Still, it's laughable how under-equipped guards and 'controllers are in general, I've only ever worked with two guards/bouncers that had a decent flashlight, let alone gave a s*t about anything else. Head of security one place even called me 007 because I had a flashlight, notepad, & pen. :shrug:

 

[curry__muncha]

Just read through this thread, one thing im still not 100% sure of is:

Would The Kershaw Rainbow Chive ( http://www.kershaw-knives.net/Kershaw-Ken-Onion-Chive-KS1600VIB.htm) be considered a flick knife: http://www.kershaw-knives.net/Kershaw-Ken-Onion-Chive-KS1600VIB-Demonstration.htm
?

If not, im assuming it would get past customs fine (im in NSW) ?

 

[KeeperSD]

Daniel,

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.

Can you explain what you mean by assisted openers?

On your second fact, there ARE laws against carriage of knives in public, however if you can justify it you are considered to be excused by law. I know its a technicality but your wording might lead people astray. Your example is great and is a perfect example of what would be excused, however by the same token if you were still carrying the knife when you were at the pub in a different set of clothes and it was not a utility knife you may find yourself with some problems. All that said if it stays in your pocket and there is no reason for you to be searched chances are you would never have a problem.

 

[Metatron]

heres some reading concerning knife laws in WA
http://www.austlii.edu.au/cgi-bin/disp.pl/au/legis/wa/consol_reg/wr1999216/sch1.html?query=knives

 

[Metatron]

Can you explain what you mean by assisted openers?

On your second fact, there ARE laws against carriage of knives in public, however if you can justify it you are considered to be excused by law. I know its a technicality but your wording might lead people astray. Your example is great and is a perfect example of what would be excused, however by the same token if you were still carrying the knife when you were at the pub in a different set of clothes and it was not a utility knife you may find yourself with some problems. All that said if it stays in your pocket and there is no reason for you to be searched chances are you would never have a problem.

http://www.austlii.edu.au/cgi-bin/disp.pl/au/legis/wa/consol_reg/wr1999216/sch1.html?query=knives

 

[cernobila]

From personal experience!!

Tried to import a Kershaw Assisted Opening folder into South Australia from the US. This was seized by Customs and called a "flick knife". If I wasn't a bona fide member of AKC and do all the paperwork and do the waiting, I would never see that folder in my hands. This is a fact! Laws or no laws on AO folders....this was MY personal experience. What is written is only a guide, what counts is what actually happens on the day.....btw, as a regular importer of cutlery (as a collector) I must be on a list somewhere because most of my packages arrive after being opened and inspected by Customs and contain that nice notice that explains why the package was inspected. On the other hand, I had no problem with swords, machetes, large folders…..but had a problem with a fixed blade knife that could have the top edge sharpened easily to turn it into a double edge knife, it was called a dagger, again, had to do all the paperwork etc to get it back from Customs…..My point is that the laws are interpreted by people from their own actual experiences.

 

[276]

that kinda sucks

 

[SparkLite]

Can you explain what you mean by assisted openers?

On your second fact, there ARE laws against carriage of knives in public, however if you can justify it you are considered to be excused by law. I know its a technicality but your wording might lead people astray. Your example is great and is a perfect example of what would be excused, however by the same token if you were still carrying the knife when you were at the pub in a different set of clothes and it was not a utility knife you may find yourself with some problems. All that said if it stays in your pocket and there is no reason for you to be searched chances are you would never have a problem.

Assisted openers are pocket knives with a spring/tension bar setup that takes over the opening of the knife AFTER you have already thumbed it open to about 30 degrees or so... no buttons or other gimmicks.


You wouldn't believe the amount of times I've been "out" somewhere and asked to do some sparky work - I use my knife for cable stripping mainly - but no, nothing at the pub yet...


cheers

Troy

 

[gollum]

A.O. knives were not known by customs for a short while...they got through customs because they look like liner lock knives... they are aware of them now so most customs inspectors will seize them.
they are illegal
the police will not let you keep it
the law courts will not allow ownership of these knives.

any dagger is illegal to import but not to sell or own,I wouldn't leave the house with one though
as mentioned before most reasonable police will not confiscate your knife unless you are up to no good or in a nightclub or you are a teenager with an attitude :nana:

I mentioned in another thread that about 9 months ago our politicians tried to ban all knives for import...they tried to sneak in a law making any posting of any knife as a dangerous goods item...luckily the knifemaking community appealed the law forcing it to go to the lawcourts.:hairpull::hairpull::hairpull:

just my 2c

 

[gollum]

From personal experience!!

Tried to import a Kershaw Assisted Opening folder into South Australia from the US. This was seized by Customs and called a "flick knife". If I wasn't a bona fide member of AKC and do all the paperwork and do the waiting, I would never see that folder in my hands. This is a fact! Laws or no laws on AO folders....this was MY personal experience. What is written is only a guide, what counts is what actually happens on the day.....btw, as a regular importer of cutlery (as a collector) I must be on a list somewhere because most of my packages arrive after being opened and inspected by Customs and contain that nice notice that explains why the package was inspected. On the other hand, I had no problem with swords, machetes, large folders…..but had a problem with a fixed blade knife that could have the top edge sharpened easily to turn it into a double edge knife, it was called a dagger, again, had to do all the paperwork etc to get it back from Customs…..My point is that the laws are interpreted by people from their own actual experiences.

I agree with what you say here ...
and yes you will be on a list ...like myself ,I tried to import A.O knives...they will watch your parcels for more illegal imports for 2 years...
technically it's breaking the law but they realise it's not a big deal as long as you don't try to keep importing illegal items...

I got a letter saying I can choose to do nothing and forefit the item or go to court to appeal against confiscation....not much chance of winning that one though.

 

[BIGIRON]

One of the greatest things about the internet is the availability of the actual laws and codes dealing with issues such as this. Why not look up the facts instead of relying on what your brotherinlaw told you or what some volunteer firefighter said.

Paladin is right -- every state in the USA and Aus have their own laws. Look'em up. It's not that challenging.

In preparation for an Australia trip this winter, I've researched the laws of the states I'll be in. I guess I'll have to be satisfied with a SAK instead of my EDC Sypd Salt. I'm uncomfortable with the lack of specificity of the laws and that the proof of intent is on the citizen, not the state as it is here. I was happy to see that a SAK or pen knife is specificially allowed in a couple of states.

Anyway, they're Aussie laws and I'll play by the rules as best I can.

 

[eveningniteshade]

Unfortunately in Australia you really can't carry knives. The only distinction is a pocket knife. HOWEVER, if a police officer were to ask you why you were carrying the knife, YOU MUST NOT SAY SELF DEFENCE, just say it's for general purpose utility uses.

I had a run in with a police officer. He prompted me to say it was for self defence. I knew that would mean a crime under Australian law, so I mentioned all the multipurpose uses the pocket knife has. Did not have the knife confiscated, was not fined or charged with anthing.

Also you should note that the humble pocket knife is illegal if you're brandishing it in public in an attempt to cause fear (presumably to a person you fear is attacking you or may attack you, or if you're an idiot, you take out the knife as a threatening gesture and not for the means of self defence.

I sat in on a lot of magistrate court cases, and I do know when police prosecutions ask you why you were carrying a pocket knife , if you were to say something like 'to peel an apple' the judge may dismiss your alibi and you will be convicted of carrying/ possessing a deadly weapon.

Really in Australia, legally a pocket knife is all you can carry, however if you use it to intimidate someone than you'll be charged with possession of a deadly weapon.

 

[VillageIdiot]

I got something.

http://www.customs.gov.au/webdata/resources/files/Import_BladedWeapons.pdf

 

[percy164]

I am a little confused as to what is and isnt allowed with knives. is it legal to OWN a butterfly knife in Western australia, new zealend or tasmania? and im not talking about carrying it in public.

just owning one?

 

[Ozgeardo]

Why does this subject keep coming up?
What is all the paranoia?
Yes there are some prohibited knives (Assisted Open, Daggers, Butterfly etc which are illegal to own without certain permits or exemptions) but there are NO laws that prohibit carrying of legally obtainable knives in any state except when prevented by specific rules and regulations in particular circumstances. (ie entering a court house, certain entertainment precincts or other prescribed places etc)
Most Police DO NOT understand knife laws.
It is all about common sense (which is often lacking by those who both enforce and those who abuse the law).
If you are a young fella you will draw attention to yourself by your obvious youthful actions (I also was young & stupid once, you will always be a magnet for police, it is just a fact)
I am a regular knife carrier depending the location and task I am involved in.
If required I often carry a fixed blade on a sheath even in some public places, recently I spent 1/2 hour discussing road conditions with 2 police officers with a fixed blade in a sheath on by belt in obvious view.
More often than not I have a folder (4inch blade) at minimum if I am doing any sort of outdoor activity.
At minimum for most occasions I will have a leatherman wave or similar on my belt.
I DO NOT take knives into city clubs or pubs (most pubs in remote country locations it is no big deal but still not a good idea).
I do not make obvious displays of knives in urban areas.
I am not a member of any knife clubs and I have had knives pulled by customs on several occasions and on all occasions I have won my argument. (all knives where legal but individual customs officials did not understand the laws).
As for people who have been convicted of carrying a knife when in the commission of a non knife related crime then that is just legal mumbo jumble used by prosecutors to skin a cat a different way. If you are a law abiding citizen you should not be in fear of prosecution for carrying a knife.
I was on the receiving end of an attempted armed hold up a couple of years back and the fact that I was in possession of a knife was never an issue, in fact if I had used my knife (I bluffed the idiot with the pistol) It would have been quite justifiable (so long as I was not carrying the knife in the first instance a self protection).
The day that I am prohibited from EDC'ing a reasonable knife for the situation then I will be looking to leave this country I love.

Please everyone stop the panic. It only serves to feed the unenlightened masses of urbanites who introduced ridiculous knee-jerk firearms laws that have done nothing to prevent crime!

 

[z17813]

the proof of intent is on the citizen, not the state as it is here.

I think you are right there

Anyway, they're Aussie laws and I'll play by the rules as best I can.

I wouldn't be too worried about those aspects of the law. I'm not saying go around breaking the law or anything but by and large I've found the police in Australia to be pretty decent laid back people, and I think if in the incredibly unlikely event one of them searched you and if you did have your salt with you they would be more likely to admire it than wish to charge you with anything. Hope you enjoy Australia

 

[fyrstormer]

inanimate objects apparently do animate in the minds of the law makers everywhere these days.

Somebody must've introduced them to Real Dolls.

 

[Benjamin765]

Hey everyone, do any of you know if my benchmade bonecollecter small knife would be allowed? It is one of my favorite knives and would hate to have it be confiscated. Thanks!

 

[Docbrotherman]

i live in the US and have always wanted to go to Australia and England and wanted to know the laws on knives. I would figure in australia knives would be ok. 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.

I too live in the US and carry three knives and two flashlights 24/7. As far as size goes, there really is no limit until you start to incite a disturbance. When flying to Russia in '93 the security dude at Chicago o'hare airport let me right on with my big Buck knife, so I asked him, "how big a knife would you let me by with?" and he replied that as long as it wasn't some "Jim Bowie" knife it's OK.

There is a big difference in open carry and concealed carry.

I am packing now for my third recent trip to Australia. I carried my full size Swiss Army knife and often a pocket clip knife everyday there, (Victoria) but all the guys in my wife's (Australian) family said to watch out. It a no-no. This trip I will be walking into the local police station and getting their opinion. ANY item can be considered as a weapon, but it must actually be USED as one to rise into the category of "dangerous weapon"

I Australia you can pretty much do as you please in contravention of any legislation if you have "lawful excuse".
It is a thing that you can have, or get, and it is not like a permit. Google "lawful excuse" and look for it on YouTube. You might be surprised what you find.

Lawful excuse is synonymous with a claim of right. (as it is referred to in New Zealand)

So, go forth and discover you real rights and how to secure them.

Don't ever refer to your knife as a weapon, but as a tool you use for chores everyday. Your life IS your work. When you are in a car, about the only place that is not considered "concealed" is locked in the glove box, OR on the dash board. I've had many cops tell me this. Also, a sheath or holster need only hold your piece, but it doesn't have to look like a sheath, OR let someone looking at it know what is inside. It is still not concealed. It is in its sheath in plain view on the dash. This came from a joggers gun holster that just looked like a square pouch worn on the back with (or without) a water bottle. The same applies to a knife.

 

[Bullzeyebill]

You've bumped a year old thread, almost exactly one year. This type of thread can get out of hand easily, so responder's please abide by the CPF Rules in your responses. No politicizing, and no disrespectful comments.

Bill