Owning Prohibited Weapons in Victoria
In Victoria, the Control of Weapons Act 1990
(the Act) lists knives and other bladeware under Prohibited Weapons or
Controlled Weapons.
To legally own Prohibited Weapons you must have an exemption or be
covered under the Control of Weapons Act. You may own Controlled
Weapons (including knives not listed as prohibited) but need a lawful reason
to carry or use them outside of your home. The onus is always on the carrier
to provide that lawful reason (and self defence is never accepted as a
lawful reason.)
Swords in Victoria:
In 2004, the Department of Justice Victoria called for community comments
on a proposal to classify swords and crossbows as Prohibited Weapons. The
AKC responded, arguing that swords ought NOT be made a prohibited weapon.
Australasian Knife Collectors (AKC) responded (as did other groups and
individuals), arguing that swords should not be included in the schedule
of prohibited weapons. Our arguments were heard but to no avail. Victoria
became the only state to make swords a prohibited weapon, with the
new regulations coming into effect on 1 July 2004.
However, the Act did NOT provide a complete ban on prohibited weapons
as the Government recognized a range of circumstances for a person to possess
a sword. Certain classes of people were granted an exemption from
prohibition under the Act.
GENERAL EXEMPTION UNDER SECTION 8B TO POSSESS
SWORDS by Order in Council
1. Museum
2. Theatre or Opera Company
3. Accredited Fencing Organisations,
4. World Singlestick Federation
5. Member of a Religion whose practice involves swords
6. Defence Force Serving Member
7. Former Defence Force Member if obtained in official duties
8. RSL officer/member
9. Masonic Lodge
10. Participant in Scottish Highland Dancing
11. Inheritance - maximum of two swords.
12. Australian National Wushu & Tai Chi Association
13. Australian Kendo Renmai Associated Club
14. A sword owned prior to July 2004 that has never had a sharpened
edge
15. Active Scout Association member.
Members of certain other groups and clubs were bestowed an exemption
under Schedule 1 .
The Australasian Knife Collectors (AKC) Club was one such group,
although incorrectly listed as the National Knife Collectors
(our by-line at the time.)
Note - the AKC Club did not apply for this exemption. The
AKC Club then duly registered the National Knife Collectors -Australia
whilst awaiting for Australasian Knife Collectors to be properly
gazetted by the Department of Justice, Victoria.
The AKC Club and the Victorian Sword
Exemption
Since July 2004, a number of Victorian AKC Club members have taken the
opportunity to own swords under the Club exemption. However, in recent
times there has been a sharp increase in applicants who simply want ‘a
sword licence’.
While we recognize the legal right of Victorians to
seek an exemption to own a sword, and that a number of knife
collectors in our club also have an interest in a range of bladeware, including
swords, the AKC Club was NOT founded to cater for Members with no interest
in knives (the core interest of the Club).... ie a desire to ‘own
a sword’ – and nothing else!
Iin order to ensure the integrity of the Club and allow us to concentrate
on its core interest (KNIVES) and to maintain its high standing and
continued favourable recognition as a bona fide nationwide KNIFE collectors
club, the AKC Club has informed the Department of JusticeVictoria
that we are relinquishing the exemptions bestowed upon the AKC Club for
swords. Our request for a suitable time frame to allow AKC Club sword
owners to make alternative arrangements has been negotiated with the Department.
Victorian AKC members who currently own swords will have until the 30
September 2010 to either legally dispose of their swords (including
selling - see below) or to make an application for a Chief Commissioner
of Police (CCP) Approval. Of course, some of our members are already
covered by membership with other clubs that have a specific interest in
swords, or may covered by one of the 15 general exemptions listed above,
If that is the case, there is no action needed. You should check with Victorian
Weapons Licensing Branch (Tel: 1300 651 645) if you are not sure
of your own situation.
To apply for a Chief Commissioner of Police (CCP) Approval for
sword ownership, contact Victorian Weapons Licensing Branch 1300 651
645.
The current fees are $157.80 for 3 years, $134.40 if you currently
hold a firearms license and $58.50 to vary or add items.
To apply for a CCP Approval as a collector the applicant must either:
-
provide evidence that they are a member of a collectors organisation.
(AKC Club Members may include a scan or photocopy of their Membership Card
with their application
-
in the case of collectors who don't like to be in collector organisations
show that they are genuine collectors of the edged weapons by providing
evidence such as photographs of their current display/collection of weapons,
evidence that the collection of edged weapons is consistent with another
collectors theme eg a collector of German uniforms may want a dagger or
sword to complete a display, evidence of reference materials, etc .If choosing
not to be a member of a club, the exemption applicant must show that they
are a genuine collector of edged weapons by providing evidence, such as
photographs of the current display/collection, evidence that the prohibited
weapon is consistent with their collector theme, reference materials and
so on.
Selling Prohibited Weapons:
A person who sells a prohibited weapon must maintain a bound record
book or operate and maintain a computerised record-keeping system in place
of a bound record book, containing an accurate description of the prohibited
weapon sold, including any identifying mark or serial number on the weapon;
the full name, address, telephone number and date of birth of the purchaser
of the prohibited weapon; evidence of the purchaser’s approval from the
Chief Commissioner of Police or exemption from the Governor in Council
to purchase the prohibited weapon; details of the identification provided
by the purchaser; the date and time of the transaction; and the name and
address of the seller.
Prohibited Persons:
A prohibited person is not permitted to obtain an Approval or Exemption
to possess prohibited weapons under the Control of Weapons Act 1990.
For the purpose of the Control of Weapons Act 1990 a prohibited person
has the same meaning as in the Firearms Act 1996 and includes a person
who has been: Imprisoned for a serious offence, assault or drug offence
anywhere in Australia (ban of 5 years if the sentence is under 5 years,
ban of 15 years if the sentence is 5 years or more); Subject to an Intervention
Order under the Crimes (Family Violence) Act 1987 or its equivalent in
other States (where they are sometimes referred to as AVOs). The ban is
5 years from the end of the order. Placed on a Community Based Order by
a court (5 year ban) or found guilty by a court for an indictable offence
or an offence against the Firearm Act 1996 where it was open to the court
to impose a prison sentence (12 month ban). Contact the Ministry of Justice
for further information.
Storage and Transport of Prohibited Weapons:
When not being used in accordance with the purpose outlined above,
prohibited weapons must be stored safely and securely; and a member of
the Police force must be permitted to inspect storage arrangements at any
reasonable time.
To be stored safely and securely means stored in a manner to ensure
the sword:
-
(a) is not readily accessible to a person other than the person relying
on the exemption and is not available for possession, carriage or use by
a person who is not an exempt person; and
-
(b) when being transported between the usual place of storage of the sword
and places where it is legitimately being used (see extent of exemption),
is stored in a manner to ensure that the sword is not readily accessible
to another person, and that the sword is concealed from plain sight during
transportation.
This means that you must store or display your prohibited weapons in such
a method that only you - or others with an exemption - have access to them.
Examples of methods that would meet the Victorian Police requirement
of safe storage are:
“ stored in a locked cupboard, cabinet or safe of sturdy construction,
and if glass fronted, the glass will be a minimum of 5mm. It the mass weight
is less than 150kg it shall be fixed to either the frame of the floor or
wall (where applicable) so as to prevent easy removal. Wood screws are
not acceptable but ramset/dynabolts are sufficient. The locks fitted to
these receptacles shall be of study construction. Padlocks shall have shanks
of hardened steel.”
Obviously there are other methods that would also be deemed adequate-
and if unsure , you should contact the Weapons Licensing Branch of Victoria
Police (and preferably receive written confirmation ) on 1300 651 645.
In Summary:
-
In order to ensure the integrity of the Club and its core interest (knives)
and to maintain its high standing and continued favourable recognition
as a bona fide nationwide KNIFE collectors club, the AKC Club has
relinquished its sword exemption with the Victorian Department of
Justice.
-
AKC members will not be covered by a the AKC Club exemption for sword ownership
in Victoria after the 30th September 2010.
-
Individuals not covered by the above exemption can still own swords, and
other prohibited weapons by applying for a Police Ministers Approval
through
Victorian Licensing Services. A fee of $157.80 for 3 year period
(discounted for Firearms Licence holders) is charged.
The AKC Club and the Victorian
Dagger Exemption
On the 7 May 1998, the Australasian Knife
Collectors (AKC) Club applied for and was granted an exemption for daggers,
one of the items on the Prohibited Weapons list in Victoria. The AKC Club
continues to hold this dagger exemption that enables its Victorian Members
to own double-edge knives (daggers).
The Dagger Exemption : Members of
the AKC are enabled to manufacture, import, possess, carry, use, purchase,
and sell daggers to authorised persons whilst attending shows and exhibitions
on an annual basis in the state of Victoria.
(7 May 1998 - Department of Justice, Victoria)
The interpretation of the dagger exemption grants
our financial members (not Prohibited Persons)
-
ownership, possession and usage,
-
importation (with appropriate documentation),
-
manufacture (by AKC knifemakers),
-
purchase (by AKC collectors)
-
selling of daggers to authorized persons (AKC financial
members or other purchasers who have an exemption) when at shows and exhibitions
in Victoria.
The exemption covers AKC Club members who
reside in Victoria AND our members who may be travelling through
or into Victoria.
Remember that daggers are deemed prohibited weapons
in Vciotria so require you to take appropriate care when storing and/or
trasnporting in Victoria.
Prohibited persons are not covered by the exemption.
Prohibited Persons:
A prohibited person is not permitted to obtain an Approval or Exemption
to possess prohibited weapons under the Control of Weapons Act 1990.
For the purpose of the Control of Weapons Act 1990 a prohibited person
has the same meaning as in the Firearms Act 1996 and includes a person
who has been: Imprisoned for a serious offence, assault or drug offence
anywhere in Australia (ban of 5 years if the sentence is under 5 years,
ban of 15 years if the sentence is 5 years or more); Subject to an Intervention
Order under the Crimes (Family Violence) Act 1987 or its equivalent in
other States (where they are sometimes referred to as AVOs). The ban is
5 years from the end of the order. Placed on a Community Based Order by
a court (5 year ban) or found guilty by a court for an indictable offence
or an offence against the Firearm Act 1996 where it was open to the court
to impose a prison sentence (12 month ban). Contact the Ministry of Justice
for further information.
Storage and Transport of Prohibited Weapons:
When not being used in accordance with the purpose outlined above,
prohibited weapons must be stored safely and securely; and a member of
the Police force must be permitted to inspect storage arrangements at any
reasonable time.
To be stored safely and securely means stored in a manner to ensure
the sword:
-
(a) is not readily accessible to a person other than the person relying
on the exemption and is not available for possession, carriage or use by
a person who is not an exempt person; and
-
(b) when being transported between the usual place of storage of the sword
and places where it is legitimately being used (see extent of exemption),
is stored in a manner to ensure that the sword is not readily accessible
to another person, and that the sword is concealed from plain sight during
transportation.
This means that you must store or display your prohibited weapons in such
a method that only you - or others with an exemption - have access to them.
Examples of methods that would meet the Victorian Police
requirement of safe storage are:
“ stored in a locked cupboard, cabinet or safe of sturdy construction,
and if glass fronted, the glass will be a minimum of 5mm. It the mass weight
is less than 150kg it shall be fixed to either the frame of the floor or
wall (where applicable) so as to prevent easy removal. Wood screws are
not acceptable but ramset/dynabolts are sufficient. The locks fitted to
these receptacles shall be of study construction. Padlocks shall have shanks
of hardened steel.”
Obviously there are other methods that would also be deemed adequate-
and if unsure , you should contact the Weapons Licensing Branch of Victoria
Police (and preferably receive written confirmation ) on 1300 651 645.
In Summary:
-
AKC members remain covered by the Club exemption for dagger ownership
in Victoria (unless they are deemed a prohibted person) while they are
financial members of the Club.
-
