Carrying a knife in public without a lawful excuse is a criminal offence across every state and territory in Australia. These laws are designed to reduce knife-related violence and ensure that potentially dangerous items are not carried in public places such as streets, shopping centres, schools, or on public transport.
Even if a knife is not used or displayed in a threatening manner, mere possession in a public place can result in arrest, a criminal charge, and penalties including fines or imprisonment. Police do not need to prove intent to use the knife—only that it was carried unlawfully.
You can be charged if you are:
Carrying a knife in your bag, pocket, or vehicle
Wearing a concealed blade or utility knife in public
Possessing a knife at school, in a park, or at a public event
Found with a knife during a random police search
In most states, it is not a valid excuse to carry a knife for general self-defence or because it is part of your outfit or personal belongings.
A “lawful excuse” varies by jurisdiction but may include:
Using the knife for work (e.g. chef, tradesperson)
Transporting the knife to or from work or a place of purchase
Participating in a lawful sporting or recreational activity (e.g. fishing, camping)
Cultural or religious purposes (e.g. Sikh kirpan)
The excuse must be reasonable in the circumstances and must not involve carrying the knife in a way that causes fear or risk to others.
Police may search you if they have reasonable grounds to suspect you are carrying a weapon. Charges are commonly laid after:
A stop-and-search operation
Reports of suspicious behaviour or threats
Entry to licensed venues, festivals, or schools with a knife
Routine traffic stops or public transport checks
If a knife is found and no lawful excuse is provided, you may be arrested and charged on the spot.
Commonwealth Offences
While there is no specific federal law for carrying knives in public, importing certain types of knives (e.g. flick knives) is prohibited under the Customs (Prohibited Imports) Regulations 1956. Unlawful importation can lead to up to 10 years’ imprisonment.
Penalties increase when:
The knife is used to threaten or injure someone
The knife is carried near a school, public event, or nightclub
The person is intoxicated or behaving aggressively
The accused is already under a weapons ban
There is evidence of gang affiliation or planned violence
Even if the knife is not used, prosecutors may rely on context to argue that the possession created fear or danger.
The offence is usually dealt with in the Local or Magistrates’ Court. The prosecution must prove:
You were in possession of a knife in a public place
You did not have a valid or lawful reason for carrying it
The item meets the legal definition of a knife (including folding or retractable blades)
Penalties increase significantly if the knife is used or displayed in a threatening or violent manner.
Possible defences include:
You had a lawful purpose (e.g. work-related)
You were transporting the knife lawfully and securely
The item was not a knife under the relevant law (e.g. tool with no cutting blade)
You were unaware of its presence (e.g. someone else’s property)
The possession was brief or accidental
Legal advice is essential, as police may still oppose these claims in court without clear supporting evidence.
New South Wales (NSW)
Under the Weapons Prohibition Act 1998 (NSW), possession of a prohibited weapon without a permit can result in up to 14 years’ imprisonment for indictable offences, or up to 2 years’ imprisonment and a fine of $5,500 for summary offences.
Victoria (VIC)
Under the Control of Weapons Act 1990 (VIC), unlawful possession of a prohibited weapon can result in up to 2 years’ imprisonment and/or fines over $40,000. Higher penalties apply if the weapon is used in a threatening or violent manner.
Queensland (QLD)
Under the Weapons Act 1990 (QLD), possession of a Category M weapon (prohibited weapons) without proper authority is punishable by up to 7 years’ imprisonment. Additional charges may apply for concealed or loaded weapons.
Western Australia (WA)
Under the Weapons Act 1999 (WA), unlawful possession of a prohibited weapon can result in up to 3 years’ imprisonment and fines exceeding $36,000. WA maintains a strict list including blowpipes, batons, and paintball guns.
Firearms Act 2015 (SA)
Dangerous or reckless discharge of a firearm is punishable by up to 10 years’ imprisonment, with mandatory reporting and possible firearm bans for repeat offenders.
Australian Capital Territory (ACT)
Under the Prohibited Weapons Act 1996 (ACT), individuals found in possession of a prohibited weapon without a permit face up to 5 years’ imprisonment or a fine of 50 penalty units. Importation offences also apply.
While we don’t provide legal advice—as every case is unique and only a qualified lawyer is permitted to do so—we’ll do our best to guide you with relevant general information. If we’re unable to assist, we can refer your query to a licensed criminal lawyer.
