Tough new weapons laws take effect in Western Australia

1/3/00
A new law dealing with the possession and carriage of non-firearm but dangerous weapons in the community takes effect in Western Australia from today.
The Weapons Act 1999 is a vital cog in the State Government's crackdown on crime under the SaferWA program and it is intended to help reduce the incidence of serious assaults in the community.
The new law divides non-firearm weapons into three distinct categories - prohibited weapons, controlled weapons and other articles that are intended to be used as weapons.
"Western Australia is leading the nation with the introduction of these tough new laws which control the possession and use of a variety of potentially deadly weapons," Police Minister Kevin Prince said today.
"These weapons could range from a fishing knife to a baseball bat. There are people in the community who have a legitimate reason for carrying such an item but these new laws will give police increased powers to question and search persons they suspect do not have a lawful reason for carrying any weapon."
Prohibited weapons will include butterfly knives, catapults, electric shock or electromagnetic weapons, blow pipes, flick knives, knuckle dusters, pistol crossbows and spray weapons (other than capsicum or pepper sprays) capable of causing injury.
Under the new laws, it will be illegal to bring or send into Western Australia, or to possess, purchase, sell, supply or manufacture prohibited weapons.
Mr Prince said most of the prohibited weapons had been banned from importation into Australia for many years.
"It will also be illegal to carry or possess without a lawful excuse a controlled weapon, which includes a baton flail (nunchaku), crossbow, spear gun or sword," he said.
"A lawful excuse does not include self-defence."
Mr Prince said controlled weapons were mainly those articles which were designed as weapons but used in lawful sports and activities such as martial arts.
"Also included are some weapons that are prohibited in most of Australia but which the Government believes are appropriate for certain circumstances in WA," he said.
"While pepper spray is included as a controlled weapon, the law provides that this may be carried or possessed where a person has reasonable grounds to believe that it will be required for self-defence.
"The third category includes other articles that are intended to be used as a weapon against another person.
"This includes items such as cricket bats, golf clubs, knives and hardware tools.
"Any person apprehended carrying a controlled weapon or any other article which police suspect is intended to be used as a weapon must provide a lawful excuse or reasonable grounds for that possession."
The Minister said the Act provided for the possession of items, not including prohibited or controlled weapons, such as cricket bats, torches and other household articles for defensive purposes in a person's dwelling or business premises.
"The Act also provides increased police powers to search persons suspected of committing an offence or carrying a weapon relating to an offence and seize weapons without a warrant," he said.
The maximum penalty under the new law for bringing or sending a prohibited weapon into WA, carrying or possessing a prohibited weapon, purchasing, selling, supplying or manufacturing a prohibited weapon, is an $8,000 fine or two years' imprisonment.
A person convicted of carrying or possessing a controlled weapon without a lawful excuse faces a $4,000 fine or 12 months' imprisonment, as does a person convicted of carrying any other weapon with the intention of using it to injure or disable or cause fear.
Mr Prince said a six-month amnesty period, announced in September last year to allow members of the community in possession of a prohibited weapon to dispose of them lawfully or apply for an exemption, had now expired.

Media contact: Kirsten Stoney 9220 5000