Summary of the Victorian Control of Weapons Act
(The parts that could affect Pagans in VIC)
from: www.dms.DPC.vic.gov.au find the articles from there (Search for "C")


This is an edited version of the Acts found at the above web pages.  I have included only those portions of the Act that I feel are relevant to the use of Athames and Wands/Staffs in public and their sale.

Note: The law recently was being revised, and I do not yet know what changes were made.  Basically the only one I know of affecting us would be that they were going to consider any sword to be a prohibited weapon (meaning you'd need a permit for it)... many people (such as people in sporting groups) protested this, so I don't know how it ended up.

2005 Update - The weapons act was recently changed, so swords are now prohibited weapons too.

[notes in pink brackets (like this) are notes made by me and are not from the original text]


Selling weapons| searches|Definitions of Prohibited & Controlled Weapons and Dangerous Articles|"Lawful Excuse"


[Selling Prohibited Weapons]

(2) A person must not sell a prohibited weapon unless the person reasonably believes that the purchaser of the weapon has an exemption under section 8B or an approval under section 8C allowing the purchaser to possess the weapon.
Penalty: 120 penalty units or imprisonment for 6 months.

S. 5A

inserted by No. 47/2000 s. 6.

5A. Identifying persons purchasing prohibited weapons

(1) A person (the "seller") must require a person attempting to purchase a prohibited weapon from the seller (the "purchaser") to produce evidence as to the purchaser's identity--
(a) by means of a passport, driver licence or other document in one of the prescribed categories, if that document bears a photograph of the purchaser; or
(b) by means of 2 documents in the prescribed categories but each in a different category.
Penalty: 20 penalty units.

(2) A person must not sell a prohibited weapon to a person who is unable to produce the required evidence of identity under sub-section (1).
Penalty: 20 penalty units.

(3) A person must not produce false evidence of identity under sub-section (1).
Penalty: 60 penalty units.

S. 5B

inserted by No. 47/2000 s. 6.

5B. Recording sales of prohibited weapons [amendment]

(1) A person who sells a prohibited weapon must keep a record of the sale in accordance with this section.
Penalty: 20 penalty units.

(2) A record under this section--
(a) must be in the form, and contain the information, prescribed by the regulations; and
(b) must be kept for a period of 3 years after the sale to which it relates.
(3) A member of the police force, at any reasonable time, may require a person to produce for inspection a record kept under this section.

10. Recording of sales of prohibited weapons

(1) For the purposes of section 5B(2) of the Act, 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.
(2) For the purposes of section 5B(2) of the Act, the information that must be contained in the record of sale is--
(a) an accurate description of the prohibited weapon sold, including any identifying mark or serial number on the weapon;
(b) the full name, address, telephone number and date of birth of the purchaser of the prohibited weapon;
(c) evidence of the purchaser's approval from the Chief Commissioner of Police or exemption from the Governor in Council to purchase the prohibited weapon;
(d) details of the identification provided by the purchaser;
(e) the date and time of the transaction;
(f) the name and address of the seller.
11. Application fee for approvalFor the purposes of section 8C(3)(c) of the Act, the prescribed fee is $120.

10. Search without warrant

(1) If--
S. 10(1)(a) amended by No. 47/2000 s. 11(a)(i).

(a) a member of the police force has reasonable cause to believe that a person is carrying or has in his or her possession in a public place contrary to this Act a prohibited weapon or controlled weapon; and
(b) the member informs the person of the grounds for his or her belief--

the member may without warrant--

S. 10(1)(c) amended by No. 47/2000 s. 11(a)(ii).

(c) search the person and any vehicle, package or thing in his or her possession or under his or her control for the prohibited weapon or controlled weapon; and
S. 10(1)(d) amended by No. 47/2000 s. 11(a)(ii).
(d) seize and detain any prohibited weapon or controlled weapon which the member finds on the person or on or in the vehicle, package or thing.

(2) If a member of the police force carries out, or proposes to carry out, a search under sub-section (1), the person to whom the search relates may request the member to state, orally or in writing, his or her name, rank and place of duty.
(3) If a request under sub-section (2) is made before the search takes place, the member must comply with the request before conducting the search.

PROHIBITED WEAPONS
[basically Dagger Athames and perhaps the scourge (if it has knotted lashes)]

5. Prohibited weapons

(1) A person must not--
(a) bring into Victoria; or
(b) cause to be brought into or sent into Victoria; or
(c) manufacture, sell or purchase; or
(d) display or advertise for sale; or
(e) possess, use or carry--
a prohibited weapon without an exemption under section 8B or an approval under section 8C. [A permit:]

Penalty: 120 penalty units or imprisonment for 6 months.

[Example:]
2.
 "Dagger", being a sharp pointed stabbing instrument (other than an oyster knife), ordinarily capable of being concealed on the person and having--

(a) a flat blade with cutting edges (whether serrated or not serrated) along the length of both sides; or
(b) a needle-like blade, the cross section of which is elliptical or has 3 or more sides, but not including instruments such as swords or bayonets.

32.
 A cat o'nine tails with knotted lashes.

CONTROLLED WEAPONS
[basically "normal" edged Athames (non-Dagger)]

"controlled weapon" means--

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

6. Control of controlled weapons

S. 6(1) amended by No. 47/2000 s. 7(1)(a).

(1) A person must not possess, carry or use a controlled weapon without lawful excuse.
Penalty: 60 penalty units or imprisonment for six months.

S. 6(2) amended by No. 47/2000 s. 7(1)(b).

(2) 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: 10 penalty units.

(3) In this section "lawful excuse" includes--
(a) the pursuit of any lawful employment, duty or activity; and
(b) participation in any lawful sport, recreation or entertainment; and
(c) the legitimate collection, display or exhibition of weapons--
but does not include for the purpose of self-defence. [Dangerous Articles can be used for self defence]
S. 6(4) inserted by No. 47/2000 s. 7(2).

(4) 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.

[Example:]
5.
 "Sword", being a thrusting, striking or cutting weapon with a long blade having 1 or 2 cutting edges and a hilt.

[According to the police officer I contacted regarding my letter - and the definition under this topic, it would seem that all other knives not specified in the "Prohibited Weapons" section fall under this category - which means most (if not all) non-Dagger Athames (there are several knives also prohibited, but I don't think they would be used as Athames by most people.  Please check the exact regulations if your Athame is anything unusual (link at top of page)]

DANGEROUS ARTICLE

S. 3 def. of "dangerous article" amended by No. 30/1994 s. 4.

"dangerous article" means--

(b) an article which has been adapted or modified so as to be capable of being used as a weapon; or
(c) any other article which is carried with the intention of being used as a weapon;

[According to the letter I received Wands and Letter Openers are considered to be "Dangerous Articles" - although I disagree with the definition (as we don't intend to use them as weapons, and they often aren't modified) but I agree they they could be dangerous]

7. Control of use of dangerous articles

(1) 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.

(2) In this section "lawful excuse" includes--
(a) the pursuit of any lawful employment, duty or activity; and
(b) participation in any lawful sport, recreation or entertainment; and
(c) the legitimate collection, display or exhibition of the article; and
(d) the use of the article for the purpose that is designed or intended.

(3) In this section "lawful excuse" includes possessing or carrying the article for the purpose of self-defence.

(4) In considering such a defence the court must have regard to the reasonableness of the defence in all the circumstances of the case including--
(a) the immediacy of the perceived threat to the person charged; and
(b) the circumstances, such as time and location, of the incident; and
(c) the type of dangerous article carried; and
(d) the age and experiences of the person charged.


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