{"id":"weapons-act-1999","name":"Weapons Act 1999","slug":"weapons-act-1999","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":111086,"registerId":"wa-weapons-act-1999-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Weapons Act 1999","content":"![Crest]()Western Australia\n\nWeapons Act 1999\n\nWestern Australia\n\nWeapons Act 1999\n\nContents\n\nPart 1 — Preliminary\n\n1. Short title 2\n\n2. Commencement 2\n\n3. Terms used 2\n\n3A. Meaning of edged weapon 3\n\n4. Relationship to other laws 4\n\n5. Crown bound 4\n\nPart 2 — Offences\n\n5A. Lawful excuse 5\n\n6. Prohibited weapons 5\n\n6A. Edged weapons 6\n\n6B. Selling or supplying edged weapons to children 7\n\n7. Controlled weapons 8\n\n8A. Selling or supplying controlled weapons to children 8\n\n8. Other articles carried or possessed as weapons 9\n\n9. *The Criminal Code* s. 25 and 31 not affected 10\n\n10. Exceptions 10\n\n11. Proof of exceptions or lawful excuses 11\n\nPart 3 — Enforcement\n\n12. Interpretation 13\n\n13. Search and seizure without a warrant 13\n\n14. Search and seizure with a warrant 14\n\n15. Retaining something seized but not forfeited 15\n\n16. Forfeiture and delivery of a weapon on conviction 15\n\n17. Forfeiture and delivery of a weapon other than on conviction 16\n\n18. Disposal of a forfeited weapon 17\n\n19. Commissioner may delegate a function 18\n\nPart 4 — Miscellaneous\n\n20. Regulations 19\n\nNotes\n\nCompilation table 20\n\nOther notes 20\n\nDefined terms\n\n  \n\nWestern Australia\n\nWeapons Act 1999\n\nAn Act to prohibit the bringing or sending into the State, carriage, possession, purchase, sale, supply and manufacture of certain weapons, to control the carriage and possession of other weapons, to amend —\n\n• the *Firearms Act 1973* 1; and\n\n• the *Police Act 1892* 1,\n\nand for related purposes.\n\n## Part 1 — Preliminary\n\n##### 1. Short title\n\nThis Act may be cited as the *Weapons Act 1999.*\n\n##### 2. Commencement\n\n(1) Subject to subsection (2), this Act comes into operation on such day as is fixed by proclamation.\n\n(2) Sections 6, 7 and 8 and item 2 of Schedule 1 come into operation on the day 6 months after the day fixed under subsection (1).\n\n##### 3. Terms used\n\nIn this Act, unless the contrary intention appears —\n\narticle includes a liquid or gas;\n\ncarry includes to have on or about one’s person;\n\nchild means a person who is under 18 years of age;\n\ncontrolled weapon means —\n\n(a) an article prescribed by regulations to be a controlled weapon; or\n\n(b) any other article, not being a firearm, a prohibited weapon or an edged weapon, made or modified to be used —\n\n(i) to injure or disable a person;\n\n(ii) to cause a person to fear that someone will be injured or disabled by that use; or\n\n(iii) for attack or defence in the practice of a martial sport, art or similar discipline;\n\nconveyance means anything used or capable of being used to transport people or goods by air, land or water and it does not matter how it is propelled or that it may ordinarily be stationary;\n\ndefence means self‑defence, defence of another or defence of property;\n\nedged weapon has the meaning given in section 3A;\n\nfirearm has the meaning given in the *Firearms Act 2024* section 6;\n\npossess includes to have control or dominion over and to have the order or disposition of;\n\nprohibited weapon means an article prescribed by regulations to be a prohibited weapon;\n\nweapon means a prohibited weapon, an edged weapon, a controlled weapon or an article to which section 8 applies.\n\n[Section 3 amended: No. 23 of 2024 s. 495; No. 33 of 2024 s. 11.]\n\n##### 3A. Meaning of edged weapon\n\n(1) An edged weapon means the following —\n\n(a) a knife, a machete, a sickle or a scythe;\n\n(b) a blade of an article referred to in paragraph (a);\n\n(c) an axe or an axe head;\n\n(d) an article with a sharpened edge, that is reasonably capable of being held in 1 or both hands, and that is made or modified to be used —\n\n(i) to injure or disable a person; or\n\n(ii) to cause a person to fear that someone will be injured or disabled by that use; or\n\n(iii) for attack or defence in the practice of a martial sport, art or similar discipline;\n\n(e) an article prescribed by the regulations to be an edged weapon.\n\n(2) Despite subsection (1), an edged weapon does not include the following —\n\n(a) a firearm, an article prescribed by the regulations to be a controlled weapon or a prohibited weapon;\n\n(b) a plastic or wooden knife designed to be used for eating;\n\n(c) a knife with a rounded tip and dull edge;\n\n(d) an article prescribed by the regulations not to be an edged weapon.\n\n[Section 3A inserted: No. 33 of 2024 s. 12.]\n\n##### 4. Relationship to other laws\n\nThis Act is in addition to and not instead of any other written law relating to weapons.\n\n##### 5. Crown bound\n\nThis Act binds the Crown in right of the State and, so far as the legislative power of Parliament permits, in all its other capacities.\n\n## Part 2 — Offences\n\n##### 5A. Lawful excuse\n\n(1) In this Part —\n\nlawful excuse, in relation to carrying or possessing a weapon —\n\n(a) includes carrying or possessing the weapon for the purposes of any of the following —\n\n(i) a lawful employment, duty or activity;\n\n(ii) a lawful sport, recreation or entertainment;\n\n(iii) a lawful collection, display or exhibition of weapons;\n\nbut\n\n(b) does not include carrying or possessing the weapon for defence unless subsection (2) applies.\n\n(2) A controlled weapon of a kind prescribed by the regulations may be carried or possessed for defence if it is carried or possessed in the circumstances, if any, prescribed by the regulations.\n\n(3) Regulations under subsection (2) may apply generally or to a particular person or class of persons.\n\n[Section 5A inserted: No. 33 of 2024 s. 13.]\n\n##### 6. Prohibited weapons\n\n(1) Except as provided in subsections (2) and (3) and section 10, a person who does or attempts to do any of the following commits a crime —\n\n(a) brings or sends a prohibited weapon into the State;\n\n(b) carries or possesses a prohibited weapon;\n\n(c) purchases, sells or supplies a prohibited weapon;\n\n(d) manufactures a prohibited weapon.\n\nPenalty for this subsection: imprisonment for 5 years and a fine of $60 000.\n\nSummary conviction penalty for this subsection: imprisonment for 3 years and a fine of $36 000.\n\n(2) A person does not commit a crime under subsection (1)(b) if the person carries or possesses the prohibited weapon only so as to deliver it into the custody of —\n\n(a) a member of the Police Force; or\n\n(b) an employee in the Police Service.\n\n(3) A person does not, by doing or attempting to do something referred to in subsection (1), commit a crime against that subsection if it is for the purpose of fulfilling a contract for the provision of a prohibited weapon to a person who may lawfully possess it.\n\nNote for this section:\n\nThe *Young Offenders Act 1994* section 22(1) does not allow a member of the Police Force to caution a young person (as defined in section 3(1) of that Act) instead of laying a charge in relation to a crime under this section.\n\n[Section 6 amended: No. 34 of 2009 s. 6; No. 33 of 2024 s. 14.]\n\n##### 6A. Edged weapons\n\n(1) Except as provided in section 10, a person who, without a lawful excuse, carries or possesses an edged weapon commits an offence.\n\nPenalty for this subsection: imprisonment for 3 years and a fine of $36 000.\n\n(2) Except as provided in section 10, a person who has a lawful excuse to carry or possess an edged weapon commits an offence if the person carries or possesses it in a manner that could reasonably be expected to cause someone —\n\n(a) to be injured or disabled; or\n\n(b) to fear that someone will be injured or disabled.\n\nPenalty for this subsection: imprisonment for 3 years and a fine of $36 000.\n\nNote for this section:\n\nThe *Young Offenders Act 1994* section 22(1) does not allow a member of the Police Force to caution a young person (as defined in section 3(1) of that Act) instead of laying a charge in relation to an offence under this section.\n\n[Section 6A inserted: No. 33 of 2024 s. 15.]\n\n##### 6B. Selling or supplying edged weapons to children\n\n(1) A person who sells an edged weapon to a child commits an offence.\n\nPenalty for this subsection: imprisonment for 3 years and a fine of $36 000.\n\n(2) A person who supplies an edged weapon to a child commits an offence.\n\nPenalty for this subsection: imprisonment for 3 years and a fine of $36 000.\n\n(3) It is a defence to a charge of an offence under subsection (2) to prove the accused believed on reasonable grounds that, at the time the edged weapon was supplied, the child had a lawful excuse to carry or possess the weapon.\n\nNote for this section:\n\nThe *Young Offenders Act 1994* section 22(1) does not allow a member of the Police Force to caution a young person (as defined in section 3(1) of that Act) instead of laying a charge in relation to an offence under this section.\n\n[Section 6B inserted: No. 33 of 2024 s. 15.]\n\n##### 7. Controlled weapons\n\n(1) Except as provided in section 10, a person who, without a lawful excuse, carries or possesses a controlled weapon commits an offence.\n\nPenalty for this subsection: imprisonment for 2 years and a fine of $24 000.\n\n(2) Except as provided in section 10, a person who has a lawful excuse to carry or possess a controlled weapon commits an offence if the person carries or possesses it in a manner that could reasonably be expected to cause someone —\n\n(a) to be injured or disabled; or\n\n(b) to fear that someone will be injured or disabled.\n\nPenalty for this subsection: imprisonment for 2 years and a fine of $24 000.\n\n[(3‑5) deleted]\n\n[Section 7 amended: No. 34 of 2009 s. 7; No. 33 of 2024 s. 16.]\n\n##### 8A. Selling or supplying controlled weapons to children\n\n[(1) deleted]\n\n(2) A person who sells a controlled weapon to a child commits an offence.\n\nPenalty for this subsection: imprisonment for 2 years and a fine of $24 000.\n\n(3) A person who supplies a controlled weapon to a child commits an offence.\n\nPenalty for this subsection: imprisonment for 2 years and a fine of $24 000.\n\n(4) It is a defence to a charge of an offence under subsection (3) to prove the accused believed on reasonable grounds that, at the time the controlled weapon was supplied, the child had a lawful excuse to carry or possess the weapon.\n\n[Section 8A inserted: No. 34 of 2009 s. 8; amended: No. 33 of 2024 s. 17.]\n\n##### 8. Other articles carried or possessed as weapons\n\n(1) Except as provided in subsections (3) and (5) and section 10, a person commits an offence if the person carries or possesses an article, not being a firearm, a prohibited weapon, an edged weapon or a controlled weapon, with the intention of using it, whether or not for defence —\n\n(a) to injure or disable any person; or\n\n(b) to cause any person to fear that someone will be injured or disabled by that use.\n\nPenalty for this subsection: imprisonment for 2 years and a fine of $24 000.\n\n(2) A person is presumed to have had the intention referred to in subsection (1) if —\n\n(a) the article was carried or possessed in circumstances that give reasonable grounds for suspecting that the person had the intention; and\n\n(b) the contrary is not proved.\n\n(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.\n\n(4) In subsection (3) —\n\ndwelling has the same meaning as in section 1 of *The Criminal Code*.\n\n(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 —\n\n(a) that is not in the view of the public; and\n\n(b) to which the public does not usually have access,\n\nfor the purpose of using it in lawful defence at the business premises in circumstances that the person has reasonable grounds to apprehend may arise.\n\n[Section 8 amended: No. 34 of 2009 s. 9; No. 33 of 2024 s. 18.]\n\n##### 9. *The Criminal Code* s. 25 and 31 not affected\n\nThe following provisions of this Act do not affect the operation of *The Criminal Code* sections 25 and 31 —\n\n(a) paragraph (b) of the definition of ***lawful excuse*** in section 5A(1);\n\n(b) section 8(1).\n\n[Section 9 inserted: No. 33 of 2024 s. 19.]\n\n##### 10. Exceptions\n\n(1) A person does not commit an offence under section 6, 6A, 7 or 8 only because of something done by the person in the performance of the person’s functions as —\n\n(a) a member of the Police Force;\n\n(b) a special constable appointed under Part III of the *Police Act 1892*;\n\n(c) an employee in the Police Service;\n\n(d) a person —\n\n(i) engaged to provide a service to the Police Force; or\n\n(ii) called upon to assist a member of the Police Force or a special constable appointed under Part III of the *Police Act 1892*;\n\nor\n\n(e) a security officer as defined in the *Public Transport Authority Act 2003* section 3.\n\n(2) A person does not commit an offence under section 6, 6A(1) or 7(1) only because of something done by the person in the performance of the person’s functions as —\n\n(a) the Western Australian Museum constituted under the *Museum Act 1969*, a Trustee, member of staff or employee of the Museum or a person engaged to provide a service to the Museum whether for remuneration or not; or\n\n(b) a person establishing or maintaining a museum recognized under Part IV of the *Museum Act 1969* or a person employed in or engaged to provide a service to such a museum whether for remuneration or not.\n\n(3) A person does not commit an offence under section 6, 6A, 6B, 7, 8A or 8 in such circumstances, if any, as the regulations may prescribe.\n\n(4) Regulations under subsection (3) may apply generally or to a particular person or class of persons.\n\n[Section 10 amended: No. 31 of 2003 s. 209(2); No. 34 of 2009 s. 10; No. 33 of 2024 s. 20.]\n\n##### 11. Proof of exceptions or lawful excuses\n\nIn any proceedings against a person for an offence under section 6, 6A, 6B, 7, 8A or 8 the person has the burden of proving any exception under that section or section 10 or any lawful excuse on which the person seeks to rely.\n\n[Section 11 amended: No. 34 of 2009 s. 11; No. 33 of 2024 s. 21.]\n\n## Part 3 — Enforcement\n\n##### 12. Interpretation\n\n(1) In this Part —\n\nCommissioner means the Commissioner of Police;\n\njuvenile justice team means a juvenile justice team under Division 2 of Part 5 of the *Young Offenders Act 1994*;\n\noffence means an offence under section 6, 6A, 6B, 7, 8A or 8.\n\n(2) For the purposes of this Part a person is lawfully entitled to possess something if —\n\n(a) the person owns it or is authorised by the owner to possess it; and\n\n(b) the possession is not prohibited by law or is authorised, justified or excused by law.\n\n[Section 12 amended: No. 34 of 2009 s. 12; No. 33 of 2024 s. 22.]\n\n##### 13. Search and seizure without a warrant\n\n(1) A member of the Police Force may without a warrant stop, detain and search anyone who the member suspects on reasonable grounds to be —\n\n(a) committing an offence;\n\n(b) carrying a weapon relating to an offence; or\n\n(c) carrying something else that will afford evidence as to the commission of an offence.\n\n(2) A member of the Police Force may without a warrant stop, detain and search any conveyance where the member suspects on reasonable grounds that there is located —\n\n(a) a weapon relating to an offence; or\n\n(b) anything else that will afford evidence as to the commission of an offence.\n\n(3) A member of the Police Force may without a warrant seize —\n\n(a) any weapon that the member suspects on reasonable grounds relates to an offence; or\n\n(b) anything else that the member suspects on reasonable grounds will afford evidence as to the commission of an offence.\n\n##### 14. Search and seizure with a warrant\n\n(1) If a justice is satisfied that there are reasonable grounds for suspecting that there is located in a place —\n\n(a) any weapon relating to an offence; or\n\n(b) anything else that will afford evidence as to the commission of an offence,\n\nthe justice may grant a warrant of search and seizure in relation to that place.\n\n(2) A warrant under subsection (1) authorises any member of the Police Force with such assistance as the member thinks necessary and with such force as is reasonably necessary for the execution of the warrant —\n\n(a) to enter the place at any time;\n\n(b) to search the place;\n\n(c) to stop, detain and search anyone at the place; and\n\n(d) to seize —\n\n(i) any weapon that the member suspects on reasonable grounds relates to an offence; or\n\n(ii) anything else that the member suspects on reasonable grounds will afford evidence as to the commission of an offence.\n\n##### 15. Retaining something seized but not forfeited\n\n(1) A member of the Police Force may retain anything that has been seized under this Act but that is not forfeited to the Crown if —\n\n(a) it is required for the investigation of an offence or the prosecution of someone for an offence;\n\n(b) it relates to a matter that is being dealt with by a juvenile justice team; or\n\n(c) no person has satisfied the Commissioner that the person is lawfully entitled to possess it,\n\nand a court has not ordered under section 16(1)(b) or 17(3) that it be delivered to a person.\n\n(2) If something is seized under this Act, but cannot be retained under subsection (1) it is to be returned to the person from whom it was seized unless it is required by an order under section 16(1)(b) or 17(3) to be delivered to another person.\n\n##### 16. Forfeiture and delivery of a weapon on conviction\n\n(1) A court convicting a person of an offence may order that a weapon relating to the offence —\n\n(a) is forfeited to the Crown, whether or not the weapon has been seized and retained by a member of the Police Force under this Act; or\n\n(b) be delivered to another person who is lawfully entitled to possess the weapon if the weapon has been seized and retained by a member of the Police Force under this Act.\n\n(2) A person claiming to be lawfully entitled to possess a weapon relating to an offence may, in relation to an order under this section —\n\n(a) be heard in the proceedings for the offence;\n\n(b) make an application under section 71 of the *Criminal Procedure Act 2004* as if the person were a party to the proceedings for the offence; and\n\n(c) appeal against the order under Part 2 of the *Criminal Appeals Act 2004*.\n\n[Section 16 amended: No. 59 of 2004 s. 141; No. 84 of 2004 s. 78.]\n\n##### 17. Forfeiture and delivery of a weapon other than on conviction\n\n(1) A person claiming to be lawfully entitled to possess a weapon that has been seized and retained by a member of the Police Force under this Act may, within 21 days of the relevant day, apply to the Magistrates Court for an order that the weapon be delivered to the person if —\n\n(a) no one is charged with an offence to which the weapon relates; or\n\n(b) someone is charged with an offence to which the weapon relates but upon the hearing and determination of every such charge —\n\n(i) no one is convicted; or\n\n(ii) if someone is convicted, no order is made under section 16(1).\n\n(2) In subsection (1) —\n\nrelevant day in relation to a weapon that has been seized and retained by a member of the Police Force under this Act means —\n\n(a) if no one is charged with an offence to which the weapon relates or dealt with by a juvenile justice team for a matter to which the weapon relates, the day of the seizure of the weapon;\n\n(b) if no one is charged with an offence to which the weapon relates but someone is dealt with by a juvenile justice team for a matter to which the weapon relates, the day on which every such matter is finally disposed of by the team; or\n\n(c) if someone is charged with an offence to which the weapon relates, the day on which every such charge has been heard and determined.\n\n(3) A court hearing an application under subsection (1) may order that the weapon be delivered to the person making the application if the court is satisfied on the balance of probabilities that the person is lawfully entitled to possess the weapon.\n\n(4) A weapon is forfeited to the Crown if, in the circumstances set out in subsection (1) —\n\n(a) no application for the delivery of a weapon is made within the time fixed by that subsection; or\n\n(b) an application for the delivery of a weapon is made within the time fixed by that subsection but every such application is dismissed.\n\n[Section 17 amended: No. 59 of 2004 s. 141.]\n\n##### 18. Disposal of a forfeited weapon\n\n(1) Subject to subsection (2), if a weapon is forfeited to the Crown under this Act the Commissioner may direct that the weapon be sold, destroyed or otherwise disposed of in such manner as the Commissioner thinks fit.\n\n(2) If a weapon is forfeited to the Crown —\n\n(a) by an order under section 16(1)(a); or\n\n(b) after an order dismissing an application under section 17(1),\n\nthe Commissioner is not to make a direction under subsection (1) before the expiration of the time allowed for instituting an appeal against the order or, if an appeal is lodged within that time, before the determination of the appeal.\n\n##### 19. Commissioner may delegate a function\n\nThe Commissioner may by instrument in writing delegate a function conferred on the Commissioner under this Part other than this power of delegation.\n\n## Part 4 — Miscellaneous\n\n##### 20. Regulations\n\nThe Governor may make regulations prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed for giving effect to the purposes of this Act.\n\n[**21.** Omitted under the Reprints Act 1984 s. 7(4)(e).]\n\n[Schedule 1 omitted under the Reprints Act 1984 s. 7(4)(e).]\n\n![]()\n\nNotes\n\nThis is a compilation of the *Weapons Act 1999* and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Weapons Act 1999* | 18 of 1999 | 16 Jun 1999 | Act other than s. 6‑8 and it. 2 of Sch. 1: 1 Sep 1999 (see s. 2(1) and *Gazette* 31 Aug 1999 p. 4235);   s. 6‑8 and it. 2 of Sch. 1: 1 Mar 2000 (see s. 2(2)) |\n| *Public Transport Authority Act 2003* s. 209 | 31 of 2003 | 26 May 2003 | 1 Jul 2003 (see s. 2(1) and *Gazette* 27 Jun 2003 p. 2384) |\n| *Courts Legislation Amendment and Repeal Act 2004* s. 141 | 59 of 2004 | 23 Nov 2004 | 1 May 2005 (see s. 2 and *Gazette* 31 Dec 2004 p. 7128) |\n| *Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004* s. 78 | 84 of 2004 | 16 Dec 2004 | 2 May 2005 (see s. 2 and *Gazette* 31 Dec 2004 p. 7129 (correction in *Gazette* 7 Jan 2005 p. 53)) |\n| **Reprint 1: The *Weapons Act 1999* as at 4 Nov 2005** (includes amendments listed above) | | | |\n| *Acts Amendment (Weapons) Act 2009* Pt. 3 | 34 of 2009 | 3 Dec 2009 | s. 5-7 and 9-12: 4 Dec 2009 (see s. 2(c));   s. 8: 31 Dec 2009 (see s. 2(b)) |\n| *Firearms Act 2024* Pt. 17 Div. 3 Subdiv. 20 | 23 of 2024 | 27 Jun 2024 | 31 Mar 2025 (see s. 2(d) and SL 2024/289 cl. 2) |\n| *Police Legislation Amendment Act 2024* Pt. 3 | 33 of 2024 | 26 Sep 2024 | 20 Dec 2024 (see s. 2(1)(b) and SL 2024/277 cl. 2) |\n\n\nOther notes\n\n1 The provision in this Act amending these Acts has been omitted under the *Reprints Act 1984* s. 7(4)(e).\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\narticle 3\n\ncarry 3\n\nchild 3\n\nCommissioner 12(1)\n\ncontrolled weapon 3\n\nconveyance 3\n\ndefence 3\n\ndwelling 8(4)\n\nedged weapon 3, 3A(1) and (2)\n\nfirearm 3\n\njuvenile justice team 12(1)\n\nlawful excuse 5A(1)\n\noffence 12(1)\n\npossess 3\n\nprohibited weapon 3\n\nrelevant day 17(2)\n\nweapon 3\n\n© State of Western Australia 2025.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2025.\n\nBy Authority: GEOFF O. LAWN, Government Printer\n","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The original 1999 Act targeted prohibition of certain weapons and control of others, mainly to complement firearms regulation. 2024 amendments (especially No. 33 of 2024) substantially broadened scope by creating a new 'edged weapon' category (s.3A), standalone offences for carrying/possessing/selling them (ss.6A, 6B), refined lawful excuse rules (s.5A) that limit self-defence, and specific child-supply prohibitions, extending regulation to commonplace household items far beyond the initial prohibited-weapon focus."},"complexity_factors":["Four overlapping weapon categories (prohibited, edged, controlled, and 'other articles' under s.8) with definitions that cross-reference regulations and the Firearms Act 2024","Nested exceptions, defences and burden-of-proof reversal in ss.5A, 10 and 11","Multiple 2024 insertions (ss.3A, 5A, 6A, 6B, 9) creating new offences for edged weapons and supply to children","Detailed enforcement procedures in Part 3 with specific time limits, court applications and appeal rights","Cross-references to The Criminal Code ss.25 and 31, Young Offenders Act 1994, Museum Act 1969, Public Transport Authority Act 2003 and Criminal Procedure Act 2004"],"plain_english_summary":"**The Weapons Act 1999** is Western Australian law that restricts items that can be used to hurt people or make them afraid. It splits weapons into categories:\n\n- **Prohibited weapons** (items listed in regulations): Completely banned. You cannot bring them into the state, carry or own them, sell them, or make them. Breaking this can mean up to 5 years prison and a $60,000 fine.\n- **Edged weapons** (knives, machetes, axes, or any sharpened tool designed to injure or scare): You need a 'lawful excuse' (good reason like work, sport, or collection) to carry or own them. Carrying them without excuse, or waving them about in a scary way, is an offence. Selling or giving them to anyone under 18 is also banned.\n- **Controlled weapons** (other items listed in rules, or things adapted to injure or for martial arts): Same rules as edged weapons — you need a lawful excuse, and cannot use them to scare people.\n- **Any other object**: Illegal to carry if you intend to use it as a weapon to hurt or scare.\n\nPolice can stop, search people or vehicles, and seize items without a warrant if they have reasonable suspicion. Courts can order weapons destroyed or forfeited. The law gives exceptions for police, museum staff, and some regulated situations. It places the burden on the accused to prove any lawful excuse. The goal is to reduce violence while allowing sensible uses like employment or recreation. It works alongside other laws such as the *Firearms Act 2024* and *The Criminal Code*."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative text was retrievable. The submission contains only a broken-link error page, not the actual Weapons Act 1999."},"complexity_factors":["No legislative content was provided — only a website error message","Unable to assess structural, definitional, or interpretive complexity","No provisions, schedules, or operative text available for analysis"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe actual text of the **Weapons Act 1999 (Western Australia)** could not be retrieved. The link provided leads to a broken or removed page on the Western Australian legislation website — the content has been taken down due to system and security upgrades.\n\n**What this means for you:** No meaningful legal analysis of the Weapons Act 1999 can be provided based on this submission, as no legislative content was supplied — only an error message and an Acknowledgement of Country.\n\n**What you can do:**\n- Visit [www.legislation.wa.gov.au](https://www.legislation.wa.gov.au) and search directly for the *Weapons Act 1999*\n- Contact the Parliamentary Counsel's Office Helpdesk as suggested on the page\n- Try searching for the Act via the [Australasian Legal Information Institute (AustLII)](https://www.austlii.edu.au)"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act's substantive scope has been expanded and re‑specified by later amendments. Notably, a statutory definition for \"edged weapon\" was inserted (s.3A) and new offences specific to edged weapons (s.6A) and selling/supplying edged weapons to children (s.6B) were added (see amendment notes: No. 33 of 2024). A statutory \"lawful excuse\" definition was added (s.5A) which narrows and prescribes some permitted conduct, and the regime for controlled weapons and sales to children was amended earlier (s.8A inserted, No. 34 of 2009). The Act now also relies on the Firearms Act 2024 for the definition of \"firearm\" (s.3 note). These changes broaden and clarify the categories of regulated items and add specific offences and defences, shifting scope from a narrower prohibition model toward a more category‑based regulatory model (see ss.3, 3A, 5A, 6A, 6B, 8A and compilation table)."},"complexity_factors":["Multiple overlapping weapon categories defined partly by statute and partly by regulation (s.3, s.3A, s.20)","Different offence elements and tiered penalties across sections (s.6, s.6A, s.7, s.8)","Evidential and legal burdens placed on accused to prove exceptions or lawful excuses (s.11)","Significant police discretion for warrantless search/seizure on \"reasonable grounds\" (s.13) and Commissioner discretion over disposal (s.18)","Interplay with other statutes (Criminal Code, Firearms Act 2024, Young Offenders Act) creating cross‑references and external definitions (see s.3 note, s.9)","Presumptions of intent for ordinary articles used as weapons (s.8(2)) and specific defences limited by regulation (s.5A)","Procedural timelines and court processes for delivery and forfeiture applications (ss.16–17)","Amendments over time that add new categories and offences (see compilation notes and inserted sections such as s.3A, s.5A, s.6A, s.6B)"],"plain_english_summary":"# Plain-English summary\n\n## What the law does, mechanically\n- The Act creates criminal offences and penalties about certain weapons: it forbids bringing or sending into Western Australia, carrying, possessing, purchasing, selling, supplying and manufacturing particular weapons (see s.6, s.6A, s.7, s.8).  \n- It organises regulated objects into four groups: prohibited weapons (prescribed by regulation) (s.3), edged weapons (defined in s.3A), controlled weapons (either prescribed or other articles meeting the stated use tests in s.3), and other articles that are carried or possessed as weapons (s.8).  \n- Penalties differ by category: for example, prohibited weapons attract up to 5 years imprisonment and fines (s.6), edged weapon offences up to 3 years and fines (s.6A), and controlled/other-article offences up to 2 years and fines (s.7, s.8).  \n- The Act gives police stop, detain, search and seizure powers without a warrant where the officer reasonably suspects an offence or relevant evidence (s.13). It also provides for warrants of search and seizure (s.14), retention and forfeiture of seized items (s.15–17), and disposal of forfeited items by the Commissioner (s.18).  \n- The Governor may make regulations to prescribe specific articles as prohibited, controlled or edged weapons and to make other necessary rules (s.20). Definitions and some conduct rely on those regulations (s.3, s.3A, s.5A).\n\n## Who it affects and who decides\n- Individuals who carry, possess, buy, sell, supply, import, or manufacture the listed categories of weapons (ss.6, 6A, 7, 8).  \n- Businesses and sellers who supply knives/other items must avoid selling to children: selling or supplying edged or controlled weapons to a person under 18 is a standalone offence (ss.6B, 8A).  \n- The Police Force has frontline enforcement discretion (stop/search/seize) under reasonable‑grounds tests (s.13), and courts decide forfeiture/delivery orders on conviction or by separate application (ss.16–17).  \n- The Governor (via regulation) and the Commissioner of Police (in disposal and delegation) make key secondary decisions (ss.18, 19, 20).\n\n## How the law works in practice (mechanics that matter)\n- Many substantive categories depend on delegated regulation: whether an item is a \"prohibited\" or \"controlled\" weapon or even excluded from \"edged weapon\" status is in regulations (s.3, s.3A, s.20). Sellers and owners therefore must check regulations to know legal status.  \n- \"Lawful excuse\" for carrying/possessing is defined to include lawful employment, sport, collection or exhibition, but generally excludes carrying for defence unless regulations specifically permit a controlled weapon for defence (s.5A).  \n- The accused bears the legal burden of proving any exception or lawful excuse they rely on in proceedings (s.11).  \n- Police may search and seize without warrant when they have reasonable grounds for suspicion; seized items can be retained where needed for investigation or prosecution, or if no person can show lawful entitlement (s.13, s.15).  \n- Courts may order weapons forfeited to the Crown on conviction or deliver them to a person lawfully entitled to possess them; non‑conviction forfeiture follows specified application and timeline rules (ss.16–17).  \n\n## Stated purpose-claim and how it maps to mechanics\n- The Act’s long title states its purpose \"to prohibit the bringing or sending into the State, carriage, possession, purchase, sale, supply and manufacture of certain weapons\" and to control other weapons. The statute implements that by: (a) defining weapon categories (s.3, s.3A), (b) creating offences with specified penalties (ss.6, 6A, 7, 8), (c) enabling police enforcement powers (ss.13–14), and (d) giving the executive rule‑making power to classify items (s.20).\n\n## Costs, incentives and trade-offs the Act creates (source‑grounded)\n- Compliance and information costs for sellers and owners: because the regulatory lists determine whether an object is \"prohibited\", \"controlled\" or excluded from \"edged\" status, businesses and individuals must monitor regulations to assess legality of supply or possession (s.3, s.3A, s.20).  \n- Legal risk and property risk for individuals: police seizure powers (s.13) plus the possibility of forfeiture on conviction or after statutory timelines (ss.16–17) mean owners risk loss of items and criminal sanction where the law applies.  \n- Burden of proof on defendants: the Act places on the accused the task of proving exceptions or lawful excuses in prosecutions for the listed offences (s.11), increasing the evidentiary and compliance burden on persons charged.  \n- Enforcement discretion and uncertainty: police can act on \"reasonable grounds\" to stop/search/seize (s.13) and the Commissioner has discretion over disposal of forfeited weapons (s.18), concentrating operational decision‑making in agencies. Those discretion points create implementation choices and variance in enforcement practice.  \n- Targeted prohibitions on sales to children: specific criminal offences for selling or supplying edged or controlled weapons to persons under 18 (ss.6B, 8A) create compliance obligations for retailers and suppliers, with criminal penalties (s.6B(1)–(2), s.8A(2)–(3)).  \n- Court and administrative workload: the Act enables courts to hear delivery applications within fixed timeframes (s.17) and to make forfeiture/delivery orders (s.16), which produces judicial casework and administrative handling of seized/forfeited items (ss.15–18).\n\n## Potential implementation risks and substitution effects (source‑grounded)\n- Uncertainty from delegated classification: because core categories depend on regulations (s.3, s.3A, s.20), there is a risk that market participants misclassify items and inadvertently commit offences.  \n- Presumptions of intent for miscellaneous articles: carrying an everyday article as a weapon can trigger a presumption of intent if carried in suspicious circumstances (s.8(2)), shifting the evidential balance against the possessor until they prove otherwise (s.11).  \n- Lawful‑defence carve-outs are narrow: \"lawful excuse\" excludes defence unless regulations permit certain controlled weapons for defence (s.5A(1)–(2)), so individuals relying on self‑defence may face criminal exposure unless they fit a regulation‑prescribed circumstance.\n\n## Where to look in the Act for key rules\n- Definitions and categories: s.3 and s.3A.  \n- Core offences and penalties: s.6 (prohibited weapons), s.6A (edged weapons), s.7 (controlled weapons), s.8 (other articles).  \n- Lawful excuse and defences: s.5A and s.10 (exceptions).  \n- Police powers and court processes: ss.13–18.  \n- Delegation and rule‑making: ss.19–20.\n\n(References in parentheses are to the sections of the Weapons Act 1999 cited above.)"}},"importantCases":[],"_links":{"self":"/api/acts/weapons-act-1999","history":"/api/acts/weapons-act-1999/history","analysis":"/api/acts/weapons-act-1999/analysis","conflicts":"/api/acts/weapons-act-1999/conflicts","importantCases":"/api/acts/weapons-act-1999/important-cases","documents":"/api/acts/weapons-act-1999/documents"}}