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Weapons

In Victoria, the Control of Weapons Act 1990 provides the framework for controlling the sale, possession, carriage, and use of weapons (other than firearms) and body armour. The Act divides weapons into four basic categories:

• prohibited weapons
• controlled weapons
• dangerous articles
• body armour.

The Act provides for the appropriate regulation of weapons based on the danger they pose if used inappropriately.

Prohibited Weapons

Prohibited weapons are considered inappropriate for general possession and use. It is only lawful to use, possess, carry, manufacture, import or sell a prohibited weapon if a person has the appropriate approval from the Chief Commissioner of Police, or is included in a Governor in Council Exemption Order.

Prohibited weapons are prescribed in Schedule 2 of the Control of Weapons Regulations 2000 and include:

• swords
• crossbows
• flick knives
• daggers
• knuckle-dusters
• blow guns.

A person can apply to the Chief Commissioner of Police for approval to use, possess, carry, sell or display prohibited weapons. Applications for approvals are made through the Licensing Services Division of Victoria Police.

Prohibited persons (as defined in section 3 of the Firearms Act 1996) may not obtain an approval from the Chief Commissioner of Police or rely upon a Governor in Council Exemption Order under the Control of Weapons Act 1990.

Controlled Weapons

Controlled weapons are weapons that play a useful and lawful purpose in the Victorian community. To ensure these weapons are not used in an irresponsible or dangerous way there are legal restrictions on who can use a controlled weapon and under what circumstances.

A person may only carry a controlled weapon if they have a ‘lawful excuse’ to do so, which includes for sporting, recreational, or employment-related activities. A person cannot carry a controlled weapon for self-defence.

Dangerous Articles

Dangerous Articles are any other articles adapted or carried for use as a weapon, such as baseball bats. As with controlled weapons, a person may possess, carry and use dangerous articles provided that they have a 'lawful excuse' for doing so.

Body Armour

Body Armour is a garment designed or adapted for the purpose of protecting the body from the effects of a firearm. It is only lawful to use, possess, carry, manufacture, import or sell body armour if a person has the appropriate approval from the Chief Commissioner of Police, or is included in a Governor in Council Exemption Order.

Penalties

From 1 July 2007, maximum penalties for offences relating to prohibited and controlled weapons were increased as follows:

• unlawfully using, possessing, carrying, manufacturing, importing or selling a prohibited weapon - 240 penalty units or 2 years imprisonment
• possessing, carrying or using a controlled weapon without a lawful excuse - 120 penalty units or 1 year imprisonment.

From 8 November 2007, the penalties for carrying weapons in and around licensed venues were doubled. The maximum penalties for unlawfully possessing, carrying or using a weapon in a licensed venue or in a public place within 20 metres of a licensed venue are:

• for a prohibited weapons offence - 480 penalty units or 4 years imprisonment
• for a controlled weapons offence - 240 penalty units or 2 years imprisonment
• for a dangerous articles offence - 120 penalty units or 1 years imprisonment