Australasian Knife Collectors (National Knife Collectors -Australia) 
and the Victorian Prohibited Weapons Legislation

As you are probably aware, in 2004 the Victorian Department of Justice  called for submissions to the Regulatory Impact Statement on the control of Weapons (Act)  and the proposed elevation of swords to the status of prohibited weapons under the Control of Weapons Regulations 2000. Australasian Knife Collectors (AKC) responded, arguing that swords should not be included in the schedule of prohibited weapons.
The  new regulations that elevated swords to the status of prohibited weapons in Victoria came  into effect on 1 July 2004.
However, the Act did not provide a complete ban on prohibited weapons as the Government recognised a range of circumstances for a person to possess and use a prohibited weapon. While individuals need to apply for approval to possess a sword, by completing necessary forms (and paying the required $160.00 fee for a 3 year period if applying for a Police Minister's Exemption), a number of exemptions for certain classes of people have been granted. The AKC is one of those exempted groups.

Financial members of Australasian Knife Collectors (AKC)  - annual fee $30.00 - who are not prohibited persons, and who comply with the security conditions in the modified Act, are not required to apply for an personal exemption. to own swords or daggers in Victoria. 

Financial members, provided they do not become a prohibited person, remain covered for ownership of swords and daggers in Victoria under the general exemption granted to the AKC.

• AKC members do not need to apply for an exemption for sword ownership.
• AKC members do not need to send in a $160 application fee to Licensing Services.
• AKC members are covered for sword ownership in Victoria under Section 8B for "collectors to possess swords", and collectors of daggers, provided they are not a prohibited person*, and comply with the conditions of the Act,  and remain a financial member in good standing.
• AKC members traveling into Victoria with a sword or dagger, or to purchase a sword or dagger are also covered by this exemption. Ensure security is appropriate.

bring swords into Victoria; cause swords to be brought or sent into Victoria; sell or purchase swords; display or advertise swords for sale; and possess, use or carry swords for the purpose of studying and collecting swords with an historical or cultural significance.
When not being used in accordance with the purpose outlined above, swords 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.
 

"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"

Storage Requirements for Prohibited Weapons:

You should also be aware that prohibited weapons are already subject to strict storage requirements. As such, it is expected that swords will also be required to satisfy  appropriate storage conditions:

Example: "Weapons should be 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."

There are other methods of securing swords - but the basis for this legislation is that you as the holder of the exemption, should be only person able to access your sword in your home. If unsure, contact the Victorian Licensing Service and discuss your idea for storage.

Sales of Prohibited Weapons:

All sales need to be recorded - the name, address, telephone number and date of birth of the purchaser, and the date of sale. The purchaser must also prove their identity - (and you should keep a record of that ID) and the basis of the purchasers exemption. You must keep those records. 

Retail Selling of Prohibited Weapons:
The exemption issued to the AKC does not cover those who wish to sell prohibited weapons on a 'retail' -type basis (such as ebay, markets or store, as examples.) A retail exemption needs to be acquired- contact Licensing Services for more information.
 

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).

Should you have further specific inquires in relation to storage requirements of prohibited weapons, you should contact the Licensing Services Branch of Victoria Police 92473227 or 1300 651 645.

If you have questions relating to the Act itself, you should contact the Department of Justice, Melbourne.