sec.51Possession of a knife in a public place or a school

### sec.51 Possession of a knife in a public place or a school A person must not physically possess a knife in a public place or a school, unless the person has a reasonable excuse. Maximum penalty— for a first offence—50 penalty units or 18 months imprisonment; or for a second or later offence—100 penalty units or 2 years imprisonment. If the offender publishes material on a social media platform or an online social network to— advertise the offender’s involvement in the offence; or advertise the act or omission constituting the offence; the offender is liable to a maximum penalty of— for a first offence—100 penalty units or 2 years imprisonment; or for a second or later offence—150 penalty units or 30 months imprisonment. It is a reasonable excuse for subsection (1) to physically possess a knife— to perform a lawful activity, duty or employment; or to participate in a lawful entertainment, recreation or sport; or for lawfully exhibiting the knife; or for use for a lawful purpose. A person may carry a knife on his or her belt for performing work in primary production. A scout may carry a knife on his or her belt as part of the scout uniform. A person may carry a knife as an accessory while playing in a pipe band. A fisher may carry a knife for use while fishing. A person who collects knives may exhibit them at a fete or another public gathering. A person may use a knife to prepare or cut food at a restaurant in a public place or when having a picnic in a park. A person may carry a pen knife or swiss army knife for use for its normal utility purposes. However, it is not a reasonable excuse to physically possess a knife in a public place or a school for self-defence purposes. Also, it is a reasonable excuse for subsection (1) , to the extent the subsection relates to a public place, to physically possess a knife for genuine religious purposes. A Sikh may possess, in a public place, a knife known as a kirpan to comply with the person’s religious faith. However, it is not a reasonable excuse to physically possess a knife in a school for genuine religious purposes. In deciding what is a reasonable excuse for subsection (1) , regard may be had, among other things, to whether the way the knife is held in possession, or when and where it is held in possession, would cause a reasonable person concern that he or she, or someone else in the vicinity, may be threatened or harmed. In this section— advertise means attract the notice and attention of the public or a limited section of the public. knife includes a thing with a sharpened point or blade that is reasonably capable of— being held in 1 or both hands; and being used to wound or threaten to wound anyone when held in 1 or both hands. material includes an electronic document. public place includes a vehicle that is in or on a public place. school means any part of the premises of— a State educational institution under the Education (General Provisions) Act 2006 ; or a non-State school under the Education (Accreditation of Non-State Schools) Act 2017 . s 51 ins 1997 No. 48 s 22 sub 1998 No. 19 s 31 amd 2003 No. 5 s 14 ; 2006 No. 39 s 512 (1) sch 1 ; 2011 No. 37 s 10 ; 2016 No. 48 s 16 ; 2017 No. 24 s 264 ; 2024 No. 45 s 40 (sec.51-ssec.1) A person must not physically possess a knife in a public place or a school, unless the person has a reasonable excuse. Maximum penalty— for a first offence—50 penalty units or 18 months imprisonment; or for a second or later offence—100 penalty units or 2 years imprisonment. (sec.51-ssec.2) If the offender publishes material on a social media platform or an online social network to— advertise the offender’s involvement in the offence; or advertise the act or omission constituting the offence; the offender is liable to a maximum penalty of— for a first offence—100 penalty units or 2 years imprisonment; or for a second or later offence—150 penalty units or 30 months imprisonment. (sec.51-ssec.3) It is a reasonable excuse for subsection (1) to physically possess a knife— to perform a lawful activity, duty or employment; or to participate in a lawful entertainment, recreation or sport; or for lawfully exhibiting the knife; or for use for a lawful purpose. A person may carry a knife on his or her belt for performing work in primary production. A scout may carry a knife on his or her belt as part of the scout uniform. A person may carry a knife as an accessory while playing in a pipe band. A fisher may carry a knife for use while fishing. A person who collects knives may exhibit them at a fete or another public gathering. A person may use a knife to prepare or cut food at a restaurant in a public place or when having a picnic in a park. A person may carry a pen knife or swiss army knife for use for its normal utility purposes. (sec.51-ssec.4) However, it is not a reasonable excuse to physically possess a knife in a public place or a school for self-defence purposes. (sec.51-ssec.5) Also, it is a reasonable excuse for subsection (1) , to the extent the subsection relates to a public place, to physically possess a knife for genuine religious purposes. A Sikh may possess, in a public place, a knife known as a kirpan to comply with the person’s religious faith. (sec.51-ssec.6) However, it is not a reasonable excuse to physically possess a knife in a school for genuine religious purposes. (sec.51-ssec.7) In deciding what is a reasonable excuse for subsection (1) , regard may be had, among other things, to whether the way the knife is held in possession, or when and where it is held in possession, would cause a reasonable person concern that he or she, or someone else in the vicinity, may be threatened or harmed. (sec.51-ssec.8) In this section— advertise means attract the notice and attention of the public or a limited section of the public. knife includes a thing with a sharpened point or blade that is reasonably capable of— being held in 1 or both hands; and being used to wound or threaten to wound anyone when held in 1 or both hands. material includes an electronic document. public place includes a vehicle that is in or on a public place. school means any part of the premises of— a State educational institution under the Education (General Provisions) Act 2006 ; or a non-State school under the Education (Accreditation of Non-State Schools) Act 2017 . - (a) for a first offence—50 penalty units or 18 months imprisonment; or - (b) for a second or later offence—100 penalty units or 2 years imprisonment. - (a) advertise the offender’s involvement in the offence; or - (b) advertise the act or omission constituting the offence; - (c) for a first offence—100 penalty units or 2 years imprisonment; or - (d) for a second or later offence—150 penalty units or 30 months imprisonment. - (a) to perform a lawful activity, duty or employment; or - (b) to participate in a lawful entertainment, recreation or sport; or - (c) for lawfully exhibiting the knife; or - (d) for use for a lawful purpose. - 1 A person may carry a knife on his or her belt for performing work in primary production. - 1 A scout may carry a knife on his or her belt as part of the scout uniform. - 2 A person may carry a knife as an accessory while playing in a pipe band. - 3 A fisher may carry a knife for use while fishing. - 1 A person who collects knives may exhibit them at a fete or another public gathering. - 1 A person may use a knife to prepare or cut food at a restaurant in a public place or when having a picnic in a park. - 2 A person may carry a pen knife or swiss army knife for use for its normal utility purposes. - (a) being held in 1 or both hands; and - (b) being used to wound or threaten to wound anyone when held in 1 or both hands. - (a) a State educational institution under the Education (General Provisions) Act 2006 ; or - (b) a non-State school under the Education (Accreditation of Non-State Schools) Act 2017 .