# Knife Laws in Australia??



## lukestephens777

Do any Aussies know what the knife laws are in NSW?
I would like a small spyderco, but think theyre basically always
deemed illegal! Drives me nuts! 

If anyone could help me it out it'd be great!! :thumbsup:


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## Mad1

I think in Austraila the knife laws are the same as the UK. 

You will be ok to carry a non-locking knife that has a non aggressive looking blade, so no spydie edges,  that is sub 3" in length.

A Spyderco UK penknife would be a good buy.

http://www.lighthound.com/index.asp?PageAction=VIEWPROD&ProdID=1873


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## elgarak

What happened to the "That's not a knife! THAT is a knife!" ??
:shrug:


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## Echo63

not sure what the laws are in NSW but here in WA you must have a legitimate reason for carrying it- whatever your carry
try www.laventrix.com - its an australian knife forum


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## 270winchester

elgarak said:


> What happened to the "That's not a knife! THAT is a knife!" ??
> :shrug:



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


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## Glen C

http://www.austlii.edu.au/au/legis/nsw/consol_act/wpa1998231/

relevant page:
http://www.austlii.edu.au//cgi-bin/disp.pl/au/legis/nsw/consol_act/wpa1998231/sch1.html?query=knife


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## Hodsta

Mad1 said:


> I think in Austraila the knife laws are the same as the UK.
> 
> You will be ok to carry a non-locking knife that has a non aggressive looking blade, so no spydie edges,  that is sub 3" in length.
> 
> A Spyderco UK penknife would be a good buy.
> 
> http://www.lighthound.com/index.asp?PageAction=VIEWPROD&ProdID=1873


 
You might want to check out the Falkniven U1 also, if laws are the same as in the UK.


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## Robatman

Glen C said:


> http://www.austlii.edu.au/au/legis/nsw/consol_act/wpa1998231/
> 
> relevant page:
> http://www.austlii.edu.au//cgi-bin/disp.pl/au/legis/nsw/consol_act/wpa1998231/sch1.html?query=knife


 
I skimmed through this but couldnt figure out if my EDC knives are illegal...
I keep a Schrade multitool in the car, and a SAK in my pocket or bag some days.

It seems to me they are more concenrned with assisted opening knives... I'm looking into this as one of my next buys!!! not so sure now. 

I guess at the end of the day, legal or not, this is enforced by police who for the most part are very reasonable. I cant imagine a scenario/time when i would be searched by police. I dont carry a knife when i go out at night or to the footy (go the sharks!!) etc.

Robert


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## DrifT3R

well, you do see some big knives at big of knives and Aussie disposals.

I did get a 2.5 inch knife through customs.


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## donn

When I was over there last year I was told that ALL folding blades, whether locking or slipjoint, are illegal to carry in a public place in NSW. UNLESS the blade was part of what I think is legally termed a ?'toolkit knife'. In other words a multi-tool, eg, leatherman, gerber, SAKs etc. 
It was a volunteer fire officer who told me so I guess they knew what they were talking about. They also said though that in the rural areas and smaller towns so long as you act sensibly and keep things discreet people carry what they like in terms of folding knives. I saw people openly using knives (fishermen, farmers, sports folks) that would cause most Brit cops to have kittens but as they had a legit purpose and weren't being silly no one looked twice. 
Refreshing to a Brit I can say.

D.


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## RAF_Groundcrew

donn said:


> When I was over there last year I was told that ALL folding blades, whether locking or slipjoint, are illegal to carry in a public place in NSW. UNLESS the blade was part of what I think is legally termed a ?'toolkit knife'. In other words a multi-tool, eg, leatherman, gerber, SAKs etc.
> It was a volunteer fire officer who told me so I guess they knew what they were talking about. They also said though that in the rural areas and smaller towns so long as you act sensibly and keep things discreet people carry what they like in terms of folding knives. I saw people openly using knives (fishermen, farmers, sports folks) that would cause most Brit cops to have kittens but as they had a legit purpose and weren't being silly no one looked twice.
> Refreshing to a Brit I can say.
> 
> D.


Amen..... I am in the RAF here in old Blighty, and my EDC at work is a Spyderco Military, and very nice it is too. I think the heaviest task I have used it on to date is emptying sandbags following a NATO excercise in Cornwall a year ago or more. Hold sandbag over target, slash base of sandbag with Spydie Mil.... It *REALLY* took the edge off the knife, more than anything else ever! (abrasive sand and hessian sandbags). I had to wash the sand grains off in a water bucket, but the knife is now sharp as ever, after some TLC on my Lansky kit !


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## Dr_Lumen

Okay, time for my two bob's worth on this one...

For starters, I'm more familiar with Victorian laws than NSW, but I thought they were similar. Australian knife laws are NOT the same as the UK - In the UK a pocket knife is illegal to carry if it locks open which is not the case here (again, I'm talking Victoria specifically). Also, there is a 3" blade length limit in the UK which does not apply in Oz. 

The basic premise in Australia is that you must have a legitimate reason for carrying one - which includes needing it for work but NOT for self defence. Now, I'd argue that a pocket knife is useful for most jobs, but that's another story - if a cop decided you look dodgy the onus would be on you to prove your legitimate reason - I don't know if "I open my mail with it" would be good enough - there is nothing in the regulations about how you must use the knife at work for it to be acceptable.

Sadly, the best advice is "don't carry anything that looks mean!" (so the 3" length rule is worth sticking to, even though there is no mention of length in the regulations) - and don't be caught in the wrong place at the wrong time! :sick2:

When I was living in the UK, I nearly had my UK Model Spyderco (which is a lovely thing and entirely LEGAL in the UK) confiscated when boarding the Eurostar because it looks mean - I wish Spyderco had printed "UK Model" on it - that would have saved some stress! I was also carrying a 2 bladed "gentlemans" knife which didn't concern them in the least and neither did my Leatherman Charge (with two 3" locking blades and therefore technically illegal). Similarly, I visited many museums etc where security was tight - my Swiss Army knife never raised an eyebrow (it was usually surrendered to security and returned when leaving the building). Perception is a big thing!

Assisted openers - for sale over the counter and not specifically mentioned (in the Victorian regulations at least) so they're legal - but they look mean when you open them so be careful where you use them.

Flick knives, which are banned everywhere and considered the spawn of Satan are, in all honesty, only banned because the bad guys use them in movies! They are no more dangerous or sinister than any other knife - but it's the perception. In the 18th century, an attempt was made on the life of the king of France. A ban on flick knives followed where the penalty for having one was execution! Of course, the knife used in the assassination attempt was NOT a flick knife!

There is a LOT of misinformation around about knife laws - people get rather carried away with things. I wish I had a dollar for everytime I've been told "new laws have come in banning knives" - what bullshit! However it does pay to do a little research and be sure of the details. I'd be amazed if there was a problem with Spyderco knives in NSW (unless they've gone with the ridiculous "must not lock open" strategy which defies logic :thinking - however, some Spydercos DO look anti-social, and those are best avoided if you're concerned about problems with the law.

Hope that's some help!


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## Dr_Lumen

As far as ownership goes (not public carry)... I've bought a number of Kershaw Speed Safe assisted openers from the US - Australian customs doesn't have a problem with them. I also brought a large kukri back from the UK (15" blade) - no problems. 
Double edged knives and swords are another issue (which again comes down to perception!):mecry:


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## rgp4544

I'm an American married to an Australian and I don't think I'd want to pack a knife anywhere in Sydney.

I do however carry a Victorinox Swisstool RS multitool on my belt regularly and the only occasions any NSW police ever approached me all they wanted to do was to check my train ticket.

Not sure if it is their policy to ignore that or if they were just ignoring it because I'm not an Aussie.

Richard


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## faco

Got home last night from work and what do I see..........a parcel with a lovely Chris Reeve Mnandi Pocket Knife inside.
I was glad it passed through customs and only noticed a red circle ???? marked around the description of contents. They described the item as a Gentleman's pen knife. Not sure why they marked it, but the box wasn't opened 
I have been collecting small, under 3" pocket knives for many years and still have no idea what the law here in Victoria says about knives, every time I read about knife laws it never is clear to me.
The Mnandi has a blade length of 2.75" or 69.5mm so I think It should be ok for pocket carry.


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## Dr_Lumen

faco said:


> Got home last night from work and what do I see..........a parcel with a lovely Chris Reeve Mnandi Pocket Knife inside.
> I was glad it passed through customs and only noticed a red circle ???? marked around the description of contents. They described the item as a Gentleman's pen knife. Not sure why they marked it, but the box wasn't opened
> I have been collecting small, under 3" pocket knives for many years and still have no idea what the law here in Victoria says about knives, every time I read about knife laws it never is clear to me.
> The Mnandi has a blade length of 2.75" or 69.5mm so I think It should be ok for pocket carry.


 
One of the problems with discussions about knives is that newspapers love to sensationalise things - getting the facts right isn't usually a big consideration. :sick2:

For VICTORIA, The laws with regard to ownership aren't all that restrictive. I think there are some issues with double edged knives, a number of flick-knife type and martial arts knives and recently swords became a problem (they're so easy to conceal!), but most "normal" knives are fine. And my experience is that the customs guys aren't "out to get you" - just doing their job. 
With regard to CARRYING knives, the main proviso is that you have a legitimate reason for doing so. Self defence is NOT - and I repeat - NOT a legitimate reason - never let anyone trick you into saying you would use a knife to defend yourself. However needing it for your work IS a legitimate reason - of course, if the smelly brown stuff hit the rotary device, proving that you need it for work would be up to you. 
Unless the laws have changed recently, there is NO restriction on blade length, even though nearly everyone seems to think there is (maybe with double edged knives?) - having said that, I wouldn't advise being caught carrying the proverbial "9 inch semi-automatic chainsaw" type of knife! As a fellow fan of sub 3 inch blades, I think that's a sensible thing to carry. And preferably not a "tactical" looking knife - this isn't law, but it's best to avoid attracting attention!
With regard to your red circle - customs does take notice of what comes through, but they only open the stuff they think might be a problem - I've had a few things opened for inspection - and I think it's quite possible that people who frequently buy knives from overseas may end up with their name on a list and have their stuff opened more often - but it's no big deal, just slows delivery a bit.

The Australasian Knife Collectors website is worth a look, and a bit of Google searching should find a copy of the Control of Weapons Act for Victoria - which is worth looking at - try to find a recent version.

Hope that's some help.
My Disclaimer: I'm pretty well up with the Victorian laws - but don't take my word for it... do your own research if you're going to carry a knife!

I'd like to check out that collection :naughty:

Cheers..


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## faco

Thanks for your reply & Info Dr_Lumen, 

I placed another order for a small CASE knife last night, lets see if this one gets the famous "red circle".

I have the Australasian Knife Collectors website bookmarked and also a few others. Anyone subscribe to Knives Australia Magazine ? go for it, its a great read :thumbsup:

Thanks for your help Mate, When I get some time I'll take a photo of my small collection for ya

faco


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## 276

Mad1 said:


> I think in Austraila the knife laws are the same as the UK.
> 
> You will be ok to carry a non-locking knife that has a non aggressive looking blade, so no spydie edges,  that is sub 3" in length.
> 
> A Spyderco UK penknife would be a good buy.
> 
> With out sounding dumb what do u mean non locking?


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## 276

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.


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## KeeperSD

With a quick search the NSW laws look very similar to Qld laws, meaning there are some restrictions on the type of knives that you can own, and almost a complete restriction on carrying them in public without good reason. Here is a link to some NSW legistlation i found

NSW Summary Offences Act Section 11C

Similarly here is the relevant Qld Legislation

Qld Weapons Act Section 51

From my readings of the links that Glen mentions and these one below certain types of knives are illegal to own, not just possess in NSW also. 

Read section 7 and schedule 1 of

NSW Weapons prohibition act


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## 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.


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## 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_​


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## lctorana

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


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## 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


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## lctorana

Still wouldn't risk it.

Not worth the grief.


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## 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.


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## Paladin

276 said:


> 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


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## 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


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## 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:


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## d123

Tubor said:


> 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.


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## Tubor

d123 said:


> 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!


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## 276

Paladin said:


> *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


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## Paladin

276 said:


> 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


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## 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.


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## 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:


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## SparkLite

datan said:


> 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


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## Biggoggs

SparkLite said:


> *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 .


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## tarponbill

276 said:


> 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?


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## 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


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## Flash Harry

SparkLite said:


> 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.


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## Biggoggs

SparkLite said:


> 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:


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## 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) ?


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## KeeperSD

SparkLite said:


> 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.


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## 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


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## Metatron

KeeperSD said:


> 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


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## 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.


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## 276

that kinda sucks


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## SparkLite

KeeperSD said:


> 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


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## 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


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## gollum

cernobila said:


> 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.


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## 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.


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## 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.


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## VillageIdiot

I got something.

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


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## 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?


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## 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!


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## z17813

BIGIRON said:


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



I think you are right there



BIGIRON said:


> 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


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## fyrstormer

270winchester said:


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


Somebody must've introduced them to Real Dolls.


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## 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!


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## Docbrotherman

276 said:


> 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.


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## 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


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## 5CardBLAZE

Benjamin765 said:


> 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!




Some Aussie Customs inspectors are dills, and some are tin gods. I guess it depends on the one on duty on the day. I've had 1" to 1.5" bladed folders seized for destruction, and had Assisted Open ( AO ) let pass within the same manually eyeballed/opened inspection. So who knows what they know; and their training. I've had 7 separate shipments come through with 1 CRKT Anubis inside. Financially risky at over $100ea landed in Australia? Yes! Been stopped? No! Financial loss to date on these Anubis = Zilch! Can they be converted [to full auto] after sales? Just ask YouTube!!!!!!! (therefore you can infer mine are higher risk of seizure than your Bone Collector™). I once asked Aussie Customs for approval recommendation for a shipment of Kukris. No Probs dealing with `em via email. Was recommended to have approval mentioned on outside of package ---- USA supplier failed to do this, yet Aussie Customs let these Kukri Machetes pass without bothering to eyeball/open.
All my imports have been this year and last year only ( 2012 / 2013 )::: well after Victoria's harsher [new] laws [post December 2011].
Bone Collector™ ----- write an email to Customs requesting approval ---- get their OK ---- get it to be quoted with shipment when you order {special instructions}.
My experience says that they just really hate anything being concealed blade etc. and hate ballysongs {butterfly}.
Don't worry none about definitions like "one-handed-opening" and all that rot ---- they only inspect what seems weapon like! ---- Tool like = no-big-deal!!!!


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## 5CardBLAZE

Post December 2011:::--- Who has come foul of new Victorian knife Laws??
Does anyone have experiences to share on buying blades in Victoria, Australia in the last twelve months ???


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## 5CardBLAZE

Biggoggs said:


> 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.





I read a story about a young 18yo girl being pulled up at her local Frankston Train Station during a random metal detector search in 2012.
She was on her way *home* from either Coles or Woolies, and in her purse was a normal Stanley knife. She copped the Victorian $1,000 on-the-spot fine `cause she didn't know what exactly to say regarding "lawful reason". Her mother was furious!!!!!!!! The girl's work made her carry a Stanley knife at work, and the poor intimidated girl seems to have been to befuddled and unable to say it was for work (when asked).

I've walked into Magistrate's Courts here in Victoria with a keyring pocket knife more times than can be counted on one hand.
Everytime, they take it away (but with receipt). Everytime, I get it back when I leave. A mere one time only I was asked by a PSO why I had it?
That was the only time I was halted more than a few seconds when entering court. Even then the PSO couldn't even be bothered to allow me to completely finish my explanation --- he was board; accepting my reason from the get go from when he was called over to me!!!!

Yes, a pocket tool is a utility --- we need `em, just like my AAA and AA pocket torches (still not settled on which is my permanent Every Day [email protected]$*@$#&


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