WA leads Australia in introduction of tough new laws dealing with weapons [Audio]

2/9/99
Western Australia is leading Australia in the introduction of tough new laws to control the possession and use of a variety of potentially deadly weapons.
The Weapons Act 1999 was yesterday proclaimed as a new State law after recently passing through both houses of State Parliament.
The new law, which will replace Section 65 (4A) of the Police Act 1892 on March 1, 2000, deals with the carriage and possession of non-firearm weapons in the community. It divides these into three distinct categories - prohibited weapons, controlled weapons and other articles that are intended to be used as weapons.
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.
"Most of these weapons have been prohibited imports into Australia for many years," Police Minister Kevin Prince said.
"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. A lawful excuse does not include self-defence.
"Controlled weapons are mainly those which are articles 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 possession in certain circumstances in WA.
"While pepper spray is included as a controlled weapon, the legislation provides that this may be carried or possessed where a person has reasonable grounds to believe that it will be required for self-defence."
In addition to the provisions relating to prohibited and controlled weapons, under these new laws it will be illegal to carry any implement which is intended to be used as a weapon against another person.
"This includes items such as cricket bats, golf clubs, knives and hardware tools," Mr Prince said.
"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."
Mr Prince 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 Weapons Act is a vital cog in the State Government's crackdown on crime under the SaferWA program."
The maximum penalty under the new Act 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.
"The Government has recognised some people in the community may currently possess prohibited weapons and may need time to dispose of them lawfully or apply for an exemption," Mr Prince said.
"Therefore, the offence provisions of the new law will not be applied during a six-month amnesty period ending on March 1, 2000, during which it is hoped members of the community will hand in prohibited weapons to the police."
Media contact: Kirsten Stoney 9220 5000

"As to pepper and capsicum sprays, people will be able to possess those where they have reasonable grounds to believe that they may be required in seld defence." (490k/23secs)

"Someone who has one in just the ordinary street during day - no suggestion of any problem at all - but perhaps hanging around an ATM there will be lawful grounds there for the police to suspect that the person has it with potential to use it as a weapon."(332K/15secs)