Yes. In Western Australia, it is generally illegal to carry or possess an edged weapon without a lawful excuse. The law also gives police expanded powers to conduct metal detector scans in designated areas and imposes significant penalties for unlawful possession, making it important to understand your legal rights and obligations.
Is it illegal to carry a knife in Western Australia?
Our Criminal Team discuss this important topic.
Summary
Western Australia has introduced stricter laws for knives and other edged weapons. It is now an offence to carry or possess an edged weapon in WA without a lawful excuse.
The laws apply across the State and include knives, machetes, sickles, scythes, axes, axe heads and most articles with a sharpened edge that could be used to injure or disable someone.
Police also have expanded powers to use metal detector scans in designated areas, including Protected Entertainment Precincts and other areas declared by senior police.
If you are charged with carrying an edged weapon, possessing a prohibited weapon, refusing a metal detector scan or failing to produce an object detected by a scan, you should seek legal advice promptly.
Why WA’s knife laws have changed
The WA Government has amended the Criminal Investigation Act 2006 and the Weapons Act 1999 to introduce tougher controls on knives and other edged weapons.
The changes were influenced by Queensland’s Jack’s Law, which was introduced following the death of 17-year-old Jack Beasley and is aimed at reducing knife crime and preventing serious harm before it occurs.
In WA, the changes include:
- a new legal category of “edged weapon”
- stricter controls on carrying or possessing edged weapons
- penalties for selling or supplying edged weapons to people under 18
- increased penalties for prohibited weapons offences
- expanded police powers to use metal detector scans in designated areas
These laws are intended to deter people from carrying knives and other weapons in public places.
What is an edged weapon in WA?
Under the Weapons Act 1999, an edged weapon includes:
- a knife
- a machete
- a sickle
- a scythe
- a blade from a knife, machete, sickle or scythe
- an axe or axe head
- most articles with a sharpened edge that could be used to injure or disable a person
An edged weapon does not include:
- a plastic or wooden knife designed to be used for eating
- a knife with a rounded tip and dull edge
The definition is broad. It is not limited to weapons carried for violence. Everyday items may become legally significant depending on what they are, where they are carried, and whether the person has a lawful excuse.
Is it illegal to carry a knife in WA?
It is an offence to carry or possess an edged weapon without a lawful excuse anywhere in Western Australia.
The maximum penalty is:
- 3 years’ imprisonment; and
- a fine of $36,000.
It is also an offence to carry or possess an edged weapon, even with a lawful excuse, in a way that could reasonably be expected to cause someone to be injured, disabled, or afraid that someone will be injured or disabled.
This means the issue is not only whether the person had a reason for having the item. The way the item is carried or used may also matter.
What is a lawful excuse?
A person may have a lawful excuse for carrying or possessing an edged weapon in some circumstances.
Examples may include carrying or possessing the item for:
- lawful employment, duty or activity
- lawful sport, recreation or entertainment
- lawful collection, display or exhibition
For example, a person may have a lawful reason to carry a knife as part of their work, trade, sport or recreational activity.
However, carrying a weapon for self-defence is not a lawful excuse.
Whether a person has a lawful excuse will depend on the facts, including the item, where it was found, why it was being carried, and whether the explanation is supported by the circumstances.
What is a prohibited weapon?
A prohibited weapon is different from an edged weapon.
It is a crime to:
- bring or send a prohibited weapon into Western Australia
- carry or possess a prohibited weapon
- purchase, sell or supply a prohibited weapon
- manufacture a prohibited weapon
The maximum penalty is:
- 5 years’ imprisonment; and
- a fine of $60,000.
Examples of prohibited weapons can include items specifically prescribed by law. If you are accused of possessing a prohibited weapon, it is important to get legal advice because the penalties are serious and the legal classification of the item may be critical.
Can police scan people for weapons in WA?
Yes. Police can require a person to stop and undergo a metal detector scan without a warrant in designated areas.
A metal detector scan is described as a non-invasive scan. It may involve an officer passing a hand-held metal detector over or near the outer layer of a person’s clothing or possessions to detect a concealed metal object.
If the scanner detects metal, police may require the person to produce the object. The person may then be required to undergo another scan.
Where can metal detector scans happen?
Metal detector scans can occur in designated areas.
All Protected Entertainment Precincts are permanent designated areas. In WA, these include precincts within:
- Hillarys
- Scarborough
- Perth and Northbridge
- Fremantle
- Mandurah
A senior police officer may also declare another area or place to be a designated area if they consider it necessary to safeguard the area or people who are in, or may enter, the area, and if metal detectors are likely to assist in detecting or deterring offences involving knives or other weapons.
This means scanning powers are not limited to nightlife areas. Depending on the circumstances, designated areas may also be declared for other locations or events.
What happens if I refuse a metal detector scan?
Refusing to take part in a metal detector scan without reasonable excuse is an offence.
The maximum penalty is:
- 12 months’ imprisonment; and
- a fine of $12,000.
It is also an offence to refuse or fail to produce an object detected by a metal detector scan without reasonable excuse. The same maximum penalty applies.
If police reasonably suspect a person has something relevant to an offence, the person may also be searched.
What should you do if you are charged?
Weapons offences can carry serious penalties, even where the item involved is something the person says they carried for work, sport, recreation or another ordinary purpose.
If you are charged, or if police have seized an item from you, it is important to get legal advice about:
- whether the item is legally an edged weapon or prohibited weapon
- whether you had a lawful excuse
- where and how the item was being carried
- whether police used their powers lawfully
- what evidence may support your explanation
- the likely penalty or outcome
- whether the charge can be defended or negotiated
Do not assume the matter is minor because the item was an everyday object. The law now treats knives and edged weapons seriously, and the consequences can be significant.
Need advice about a weapons charge in WA?
HHG Legal Group’s criminal law team can assist if you have been charged with carrying or possessing an edged weapon, possessing a prohibited weapon, refusing a metal detector scan, or another weapons-related offence.
We can help you understand the charge, your options, and the next steps.
FAQs.
Below is a series of FAQ’s that respond to common questions from Google Search.
In Western Australia, it is an offence to carry or possess an edged weapon without a lawful excuse. This applies anywhere in the State, not only in entertainment precincts or public venues.
A lawful excuse may apply in some circumstances, such as work, sport, recreation, entertainment, collection or display. Carrying a knife for self-defence is not a lawful excuse.
An edged weapon can include a knife, machete, sickle, scythe, blade, axe, axe head, or most articles with a sharpened edge that could be used to injure or disable someone.
It does not include a plastic or wooden knife designed for eating, or a knife with a rounded tip and dull edge.
The maximum penalty for carrying or possessing an edged weapon without a lawful excuse is 3 years’ imprisonment and a fine of $36,000.
The outcome in any particular case will depend on the circumstances, including the type of item, where it was carried, why it was carried, and whether there is evidence supporting a lawful excuse.
An edged weapon includes items such as knives, machetes, sickles, scythes and axes.
A prohibited weapon is a separate category and may include items specifically restricted by law. It is an offence to bring, send, carry, possess, purchase, sell, supply or manufacture a prohibited weapon in Western Australia.
The maximum penalty for prohibited weapon offences is 5 years’ imprisonment and a fine of $60,000.
Yes. Police can use metal detector scans in designated areas, including Protected Entertainment Precincts and other areas declared by a senior police officer.
A metal detector scan may involve police passing a hand-held metal detector over or near the outside of a person’s clothing or possessions to detect concealed metal objects.
Refusing to take part in a metal detector scan without reasonable excuse is an offence.
The maximum penalty is 12 months’ imprisonment and a fine of $12,000.
It is also an offence to refuse or fail to produce an object detected by a metal detector scan without reasonable excuse.