South Australian Consolidated Acts South Australian Consolidated Acts (1) A person who,
without lawful excuse—
(a)
carries an offensive weapon; or
(b) has
custody or possession of an implement of housebreaking; or
(c)
carries an article of disguise,
is guilty of an offence.
Maximum penalty: $2 500 or imprisonment for 6 months.
(1b) A person who,
without lawful excuse—
(a)
manufactures, sells, distributes, supplies, or otherwise deals in,
dangerous articles; or
(b) has
possession of, or uses, a dangerous article,
is guilty of an offence.
Maximum penalty: $7 500 or imprisonment for 18 months.
(1ba) A person who,
without lawful excuse, at night, in or in the vicinity of licensed
premises—
(a)
carries an offensive weapon; or
(b)
possesses or uses a dangerous article,
is guilty of an offence.
Maximum penalty: $10 000 or imprisonment for 2 years.
(1bb) It is a defence
to prosecution for an offence against subsection (1ba) to prove
that—
(a) if
the charge relates to the defendant's being in licensed premises—the
defendant did not know and had no reason to believe he or she was in premises
where liquor was sold or supplied; or
(b) if
the charge relates to the defendant's being in the vicinity of
licensed premises—the defendant did not know he or she was in the
vicinity of premises where liquor was sold or supplied.
(1bc) If on the trial
of a person for an offence against subsection (1ba) the court is not
satisfied that the person is guilty of the offence charged, but is satisfied
that the person is guilty of an offence against subsection (1) or (1b),
the court may find the person guilty of the latter offence.
(a)
manufactures, sells, distributes, supplies or otherwise deals in,
prohibited weapons; or
(b) has
possession of, or uses, a prohibited weapon,
is guilty of an offence.
Maximum penalty: $10 000 or imprisonment for 2 years.
(1d) It is a defence
to prosecution for an offence against paragraph (b) of
subsection (1c) to prove that the defendant is an exempt person under
subsection (2a) in the circumstances of the alleged offence.
(1e) Depending on the
terms of a declaration under subsection (2b), it is a defence to
prosecution for an offence against either paragraph (a) or (b), or both
paragraphs (a) and (b), of subsection (1c) to prove that the
defendant is an exempt person under subsection (2b) in the circumstances
of the alleged offence.
(1f) A person (being a
person who is otherwise entitled to do so) must not—
(b) have
possession of or use a dangerous article or a prohibited weapon,
unless he or she does so in a safe and secure manner.
Maximum penalty: $1 250 or imprisonment for 3 months.
(2) A court that has
convicted a person of an offence under this section may order that the
offensive or prohibited weapon, implement, article of disguise or
dangerous article in relation to which the offence was committed be forfeited
to the Crown.
(2a) The following
persons are exempt persons for the purposes of subsection (1d) in the
following circumstances:
(a) a
person who has possession of, or uses, a prohibited weapon for the purpose or
in the course of conducting his or her business or for the purpose or in the
course of his or her employment, but—
(i)
only if the possession and use of the weapon is
reasonably required for that purpose; and
(ii)
not if the possession or use of the weapon is in the
course, or for the purpose of manufacturing, selling, distributing, supplying
or otherwise dealing in the weapon;
(b) a
police officer who has possession of, or uses, a prohibited weapon for the
purpose or in the course of his or her duties as such an officer;
(c) a
person who has possession of a prohibited weapon for the purposes of a museum
or art gallery;
(d) a
person who has possession of, or uses, a prohibited weapon for the purpose or
in the course of providing a lawful form of entertainment of other persons
that reasonably requires the possession or use of the prohibited weapon;
(e) a
person who has possession of, or uses, a prohibited weapon for the purpose or
in the course of participating in a lawful and recognised form of recreation
or sport that reasonably requires the possession or use of the
prohibited weapon;
(f) a
person who has possession of, or uses, a prohibited weapon for the purpose or
in the course of an official ceremony that reasonably requires the possession
or use of the prohibited weapon;
(g) a
person who has possession of, or uses, a dagger for a religious purpose.
(2b) The following
persons are exempt persons for the purposes of subsection (1e) in the
following circumstances:
(a) a
person who has been declared or who is a member of a class that has been
declared by the Minister under subsection (2d) to be an exempt person or
exempt class in the circumstances specified in the declaration;
(b) a
person who has been declared or who is a member of a class that has been
declared by regulation to be an exempt person or exempt class in the
circumstances specified in the regulation.
(2c) The declaration
of a person, or a class, as an exempt person or class for the purposes of
subsection (1e) may be conditional or unconditional.
(2d) The Minister may
declare a person or a class of persons to be an exempt person or class for the
purposes of subsection (1e) in the circumstances specified in the
declaration.
(2e) The Minister may
delegate his or her power under subsection (2d) to any person or body.
(2f) A delegation
under subsection (2e)—
(a) must
be in writing; and
(b) may
be conditional or unconditional; and
(c) does
not derogate from the Minister's ability to exercise the power under
subsection (2d); and
(d) is
revocable at will by the Minister.
(2g) An application to
the Minister or the Minister's delegate for a declaration under
subsection (2d) must be—
(a) in a
form approved by the Minister or delegate; and
(b)
accompanied by the fee prescribed by regulation.
(3) In this
section—
"dangerous article" means an article or thing declared by regulation to be a
dangerous article for the purposes of this section;
"exempt person"—see subsections (2a) and (2b);
"implement of housebreaking" includes a picklock key, crow, jack, bit or other
implement of housebreaking;
"licensed premises" means premises licensed under the Liquor Licensing
Act 1997 ;
"night" means the interval between 9 p.m. in the evening and 6 a.m. in the
morning of the following day;
"offensive weapon" includes a rifle, gun, pistol, sword, knife, club,
bludgeon, truncheon or other offensive or lethal weapon or instrument but does
not include a prohibited weapon;
"official ceremony" means a ceremony conducted—
(a) by
the Crown in right of the State or the Commonwealth; or
(b) by
or under the auspices of—
(i)
the Government of the State or the Commonwealth; or
(ii)
South Australia Police; or
(iii)
the armed forces;
"prohibited weapon" means an article or thing declared by regulation to be a
prohibited weapon for the purposes of this section.
(3a) For the purposes
of this section a person will be taken to be carrying an offensive weapon or
an article of disguise if he or she has the offensive weapon or article on or
about his or her person or if it is under his or her immediate control.