New South Australia knife laws take effect July 1 and how other states compare

A worrying knife-crime trend in South Australia has prompted the introduction of strict new laws from July 1. See what the laws are in your state.

Tough new laws will come into effect from July 1 to tackle knife crime in South Australia.

Swords and machetes will be classified as prohibited weapons, making it illegal to manufacture, sell, distribute, supply, use or possess such weapons.

Owners have until September to surrender their weapons at a local police station.

In addition, the South Australian government is raising the purchase age for all dangerous knives from 16 to 18.

Those who break these new laws face up to two years imprisonment or a hefty $20,000 fine.

Possession of knives and weapons at places like schools, childcare centres, universities and places of worship will also be an offence.

Swords and machetes are classified as prohibited weapons.

The new laws build on reforms which gave SA police stronger powers to conduct metal detector searches in public places, including shopping centre precincts and public transport stations.

Attorney-General Kyam Maher said the restrictions and new laws were in response to a rise in incidents here and interstate, and to protect the community from the “menace of knife crime”.

The move to boost knife laws comes after NSW, Victoria, Queensland and WA introduced strict laws in recent months to reduce knife crime and increase community safety.

NEW SOUTH WALES

In NSW, it is illegal to carry a knife in a public place or school without a reasonable excuse.

Last year the NSW Government introduced legislation which gave police powers to “wand” or “scan” people for knives without a warrant in designated areas.

Under the new legislation, a senior police officer of the rank of Assistant Commissioner or above can turn on wanding powers to be used in a designated areas including public transport stations, public transport vehicles, shopping precincts, certain sporting venues, and other public places, designated by regulation, including special events and places that are part of the night-time economy.

The authority will last for 12 hours, with an option to extend as required.

Police can “wand” any person in a designated area and may request that person produce a metal object, if detected. Failure to comply may result in a maximum penalty of a fine of $5500.

Importantly, wanding powers can be turned on for areas where there have been issues related to knife crime or knife possession offences where one of the following have occurred in the last 12 months: at least one offence committed by person armed with knife or weapon, at least one serious indictable offence involving violence, or more than one offence of knife possession or prohibited weapon possession.

NSW Police officers carrying out Operation ARES (wanding) at Hurstville train station, based on intelligence and knife crime records from the last 12 months. Picture: Jonathan Ng

VICTORIA

It is illegal to carry, possess, or use a knife in public without a lawful excuse in Victoria, with a one year imprisonment for carrying a knife and five years in jail for threatening to injure someone.

Victoria introduced the first machete ban in Australia in March.

Under the change, machetes will be classified as a prohibited weapon from September 1, with an amnesty running from September 1 to November 30 where owners can safely dispose of their knives without committing a crime.

Secure bins for disposal will be placed in safe locations, which are likely to include an outdoor area at select police stations. These bins will start opening on 1 September.

Penalties of two years’ imprisonment or a fine of over $47,000 for being caught in possession will apply.

QUEENSLAND

In Queensland, it’s generally illegal to possess a knife in a public place or school without a reasonable excuse.

Last year the Queensland Government introduced new knife laws, banning the sale of knives to anyone under the age of 18 and requiring retailers to securely store controlled items.

Under the reforms, it is also an offence to use false identification to purchase these items and advertise these items as ‘suitable for combat’.

Queensland introduced new knife laws last year.

Retailers are required to securely store particular controlled items before sale and display signage regarding age restriction for sales.

Penalties include a hefty fine of $6,000 per offence.

WEST AUSTRALIA

In Western Australia, it is illegal to carry or possess an edged weapon, including a knife, without a lawful excuse.

Recent updates to Western Australian laws include stricter penalties for offences involving knives and other edged weapons.

These changes came into effect in December last year and include allowing officers to undertake non-invasive scans to detect knives and other edged weapons, new and harsher penalties to deter and hold offenders to account, creation of a new category of ‘edged weapon’ and place stricter controls on the carrying, possession, sale and supply of edged weapons (including knives), penalties for anyone who sells or supplies a person under 18 years of age with an edged weapon, and increased penalties for offences involving prohibited weapons.

Failure to comply could result in up to a year behind bars and/or a fine of up to $12,000.

Originally published as New South Australia knife laws take effect July 1 and how other states compare