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](/view/html/inforce/current/act-1996-046) or prohibited weapon within the meaning of the [Weapons Prohibition Act 1998](/view/html/inforce/current/act-1998-127), 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). > > > (5) For the purposes of subclause (1)(f), it is not a reasonable excuse for a person to carry, use, possess or have custody of a knife solely for the purpose of self-defence or the defence of another person. > > > (6) A person does not commit an offence under subclause (1)(b) if the person carries or possesses an unloaded speargun in a park, unless a plan of management for a park or a notice erected in the park or given to the person prohibits the carrying or possession of a speargun (whether loaded or unloaded) in a park or any part of the park. > > > (7) A person does not commit an offence under subclause (1)(c) if the flare is carried in a boat as a part of the boat’s safety equipment as required by or under any other Act or when used as a distress signal. > > > (8) In this clause, unloaded speargun means— > > > > > (a) an assembled rubber powered speargun that does not have the shaft engaged in the trigger mechanism and the rubbers stretched and engaged in the shaft, or > > > > > (b) in the case of a pneumatic, spring or gas powered speargun—one that does not have the spear shaft located within the barrel of the speargun, or > > > > > (c) a disassembled speargun.