Weapons Offences

Prohibited weapons

Prohibited weapon means an imitation firearm or an article that is prescribed by the regulations to be a prohibited weapon

A person must not
- bring into Victoria; or
- cause to be brought into or sent into Victoria; or
- manufacture, sell or purchase; or
- display or advertise for sale;
a prohibited weapon without an exemption or an approval.
Penalty: 240 penalty units or imprisonment for 2 years.

A person must not sell a prohibited weapon to a person (other than a child) without an exemption or an approval.
Penalty: 240 penalty units or imprisonment for 2 years.

A person (other than a child) must not purchase a prohibited weapon without an exemption or an approval.
Penalty: 240 penalty units or imprisonment for 2 years.

A person must not sell a prohibited weapon to a child.
Penalty: 240 penalty units or imprisonment for 2 years.

A child must not purchase a prohibited weapon.
Penalty: 25 penalty units.

A person who is in licensed premises or in a public place that is in the immediate vicinity of licensed premises must not possess, carry or use a prohibited weapon withoutan exemption oran approval.
Penalty: 480 penalty units or 4 years imprisonment.

A person must not sell a prohibited weapon unless the person reasonably believes that the purchaser of the weapon has an exemption or an approval allowing the purchaser to possess the weapon.
Penalty: 240 penalty units or 2 years imprisonment.

Offence to possess, use or carry a prohibited weapon

A person must not possess, use or carry a prohibited weapon (other than an imitation firearm) without an exemption or an approval.
Penalty: 240 penalty units or imprisonment for 2 years.

Offence to possess, use or carry an imitation firearm

A non-prohibited person must not possess, use or carry an imitation firearm without an exemption or an approval.
Penalty: 240 penalty units or imprisonment for 2 years.
A prohibited person must not possess, use or carry an imitation firearm.
Penalty: 1200 penalty units or imprisonment for 10 years.

Control of controlled weapons

Controlled weapon means a knife, other than a knife that is a prohibited weapon; or an article that is prescribed by the regulations to be a controlled weapon

A person must not possess, carry or use a controlled weapon without lawful excuse.
Penalty: 120 penalty units or imprisonment for 1 year.

A child must not purchase a controlled weapon.
Penalty: 12 penalty units.

A person must not sell a controlled weapon to another person knowing that the other person is a child.
Penalty: 20 penalty units.

A person who is in licensed premises or in a public place that is in the immediate vicinity of licensed premises must not possess, carry or use a controlled weapon without lawful excuse.
Penalty: 240 penalty units or imprisonment for 2 years.

A person must not carry a controlled weapon unless it is carried in a safe and secure manner consistent with the lawful excuse for which it is possessed or is carried or is to be used.
Penalty: 20 penalty units.

In considering whether a person has lawful excuse to possess, carry or use a controlled weapon, the court must have regard to the circumstances, such as time and location, of the incident.

Control of use of dangerous articles

Dangerous articles means an article which has been adapted or modified so as to be capable of being used as a weapon; or any other article which is carried with the intention of being used as a weapon;

A person must not in a public place possess or carry a dangerous article without lawful excuse.
Penalty: 60 penalty units or imprisonment for 6 months.

A person who is in licensed premises or in a public place that is in the immediate vicinity of licensed premises must not possess or carry a dangerous article without lawful excuse.
Penalty: 120 penalty units or imprisonment for 1 year.

In considering whether a person has a lawful excuse to possess or carry a dangerous article, the court must have regard to the circumstances, such as time and location, of the incident.