Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Except as provided
in subsections (3) and (5) and section 10, a person who carries or
possesses an article, not being a firearm, a prohibited weapon or a controlled
weapon, with the intention of using it, whether or not for
defence —
(a) to
injure or disable any person; or
(b) to
cause any person to fear that someone will be injured or disabled by that use,
commits an offence.
Penalty: imprisonment for 2 years and a fine
of $24 000.
(2) A person is
presumed to have had the intention referred to in subsection (1)
if —
(a) the
article was carried or possessed in circumstances that give reasonable grounds
for suspecting that the person had the intention; and
(b) the
contrary is not proved.
(3) A person does not
commit an offence under subsection (1) if the person carries or possesses
the article at the person’s dwelling for the purpose of using it in
lawful defence at the dwelling in circumstances that the person has reasonable
grounds to apprehend may arise.
(4)
In subsection (3) —
dwelling has the same meaning as in section 1
of The Criminal Code .
(5) A person who has
the immediate control of a business does not commit an offence under
section 8(1) if the person carries or possesses the article at a part of
the business premises —
(a) that
is not in the view of the public; and
(b) to
which the public does not usually have access,
for the purpose of
using it in lawful defence at the business premises in circumstances that the
person has reasonable grounds to apprehend may arise.
[Section 8 amended by No. 34 of 2009
s. 9.]