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.
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--
(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).
(3) A person must not produce false evidence of identity
under sub-section (1).
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.
(2) A record 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.
(1) If--
(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
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
(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.
PROHIBITED
WEAPONS
(1) A person must not--
Penalty: 120 penalty units or imprisonment for 6 months. [Example:]
(a) a flat blade with cutting edges (whether serrated
or not serrated) along the length of both sides; or
32.
CONTROLLED
WEAPONS
(a) a knife, other than a knife that is a prohibited weapon;
or
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.
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.
(3) In this section "lawful excuse"
includes--
(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:]
[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" means-- (b) an article which has been adapted or modified so as
to be capable of being used as a weapon; or
[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.
(2) In this section "lawful excuse" includes--
(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--
|