What the law says about carrying knives and weapons

Under the Police Offences Act 1935, it is an offence to carry a knife or any other edged weapon that is considered to be a ‘dangerous article’ in public places without a lawful excuse.

This means that you cannot carry a knife, pocketknife/multitool, scissors, shears, box cutters or any other edged weapon in a public place unless you have a permitted reason (lawful excuse) to do so. For example, you need to transport the item from one place to another for a task, or you are using it safely and lawfully at the time to complete a work task. Self-defence is NEVER a lawful excuse for possessing a knife or weapon.

The law also states that you cannot keep a knife or dangerous article in your car if the vehicle is in a public place. A knife or multitool that is part of the vehicle’s toolkit or that you are using for a lawful activity is allowed – for example, you are heading out on a fishing trip.

Even if you have a lawful reason to have a knife or tool in your car, you should transport it in the boot – ideally in a toolkit or otherwise secured safely. Apply a commonsense approach to how you transport these items – for example, you cannot just keep a hunting knife in the door pocket. Make sure you lock your car if you are making stops where you will leave the car unattended.

Section 15C of the Police Offences Act 1935 includes the following lawful excuses for carrying/using a dangerous article:

(a) the pursuit of a lawful occupation, duty or activity using that dangerous article

(b) the participation in a lawful sport, recreation or entertainment using that dangerous article

(c) the lawful collection, display or exhibition of that dangerous article

(d) the use of that dangerous article for the lawful purpose for which it was intended

(e) religious observance.

The law allows for you to buy a knife and transport this home with you – for example, you have just been shopping for a new set of kitchen knives. Again, apply a common-sense approach and keep your purchase secure in the packaging and transport the item/s home as soon as possible after purchasing.

What powers do police have to conduct searches for knives/weapons?

You can be stopped by police in any public place and searched if we reasonably believe you are in possession of a knife or another type of weapon that is considered dangerous. You can also be stopped and have your vehicle searched for the same reasonable belief.

We may use a handheld wand to conduct a personal search and/or we may conduct a physical search (a pat down search).

If you are found to be carrying a knife or another dangerous weapon without a lawful excuse, this item can be confiscated and will not be returned to you.

Consequences of carrying a knife or edged weapon

There are serious penalties for carrying a dangerous article without a lawful excuse.

Not only is it against the law to carry a knife or another edged weapon, but doing so can put you, and others, at serious risk.

Even if you never intend to use a knife or weapon against others, just having one available to you makes it more likely that it might be used in a conflict.

When you carry a knife or weapon other people may also quickly feel that you are a threat which may influence their behaviour negatively towards you. Nobody wins in this situation – when knives and weapons are involved in conflicts, the outcome is much worse than it would have been otherwise.

When you carry a knife or a weapon you are increasing your risk of death or serious injury. You are also increasing the risk that you may make a poor decision that will impact you, and others, permanently.

Knives and other weapons don’t help protect the person carrying them because weapons escalate a situation rather than resolve it.

Everyone has the right to be safe at home, in the workplace, and in public spaces. Do not contribute to the small number of offenders who continue to carry knives and other weapons.

The charges for unlawfully possessing a dangerous article are serious.

Tasmania Police actively work to detect and deter this unlawful behaviour. If you are found to be unlawfully possessing, carrying or using a dangerous article in a public place (this includes in a vehicle), it will be confiscated, and you may face prosecution.

The best decision you can make is to not carry a knife or weapon. This helps keep you safer and protects people around you, including your friends and family, when you’re out and about.