23Weapons

23 Weapons

23 Weapons

(1) A person must not in a park—

(a) carry or discharge or have in the person’s possession any firearm, or imitation firearm, within the meaning of the Firearms Act 1996 or prohibited weapon within the meaning of the Weapons Prohibition Act 1998, or

(b) carry or discharge or have in the person’s possession any airgun, speargun or other lethal weapon, or

(c) carry or use or have in the person’s possession any explosive, flare or firework, or

(d) carry or use or have in the person’s possession any ammunition, or

(e) throw or propel by any means any object likely to cause damage or injury to any person, animal or thing, or

(f) without reasonable excuse, carry, use, possess or have custody of a knife.

Maximum penalty—30 penalty units.

(2) A person does not commit an offence under this clause for anything done or omitted to be done with the consent of a park authority and in accordance with any conditions to which the consent is subject.

(3) For the purposes of subclause (1)(a) and (d), a person does not commit an offence if the person is a police officer acting—

(a) in the course of the person’s duties or in accordance with any guidelines issued by the Commissioner of Police with respect to the possession of service firearms by off-duty police officers, and

(b) in accordance with the New South Wales Police Handbook.

(4) For the purposes of subclause (1)(f), a person has a reasonable excuse to carry, use, possess or have custody of a knife if—

(a) the possession or custody is reasonably necessary in all the circumstances for any of the following—

(i) the preparation or consumption of food or drink,

(ii) participation in a lawful entertainment, recreation or sport,

(iii) the wearing of an official uniform, or

(b) the possession or custody is reasonably necessary in the circumstances during travel to or from or incidental to an activity referred to in paragraph (a).