sec.57Particular conduct involving a weapon in a public place prohibited

### sec.57 Particular conduct involving a weapon in a public place prohibited In this section— public place includes a vehicle that is in or on a public place. weapon includes— an antique firearm, spear gun, longbow or sword; and a replica of a weapon; and a replica of a thing mentioned in paragraph (a) ; and a slingshot or shanghai. A person must not, without reasonable excuse, carry a weapon exposed to view in a public place. Maximum penalty—40 penalty units or 6 months imprisonment. A person must not, without reasonable excuse, carry in a public place a loaded firearm or a weapon capable of being discharged. Maximum penalty—120 penalty units or 2 years imprisonment. A person must not, without reasonable excuse, discharge a weapon in, into, towards, over or through a public place. Maximum penalty—200 penalty units or 4 years imprisonment. It is a reasonable excuse for subsection (2) to carry a sword exposed to view in a public place— to perform a lawful activity, duty or employment; or to participate in a lawful entertainment, recreation or sport; or to exhibit the sword; or for use for a lawful purpose. A person may carry a sword for ceremonial purposes at an official function attended by the Governor. A person may carry a sword as an accessory while playing in a pipe band. A person who collects swords may exhibit them at a fete or another public gathering. A person may carry a sword as part of an official uniform the person is entitled to wear. It is not a reasonable excuse for subsection (2) or (3) to carry a weapon in a public place for self-defence purposes. In deciding what is a reasonable excuse for subsection (2) or (3) , regard may be had, among other things, to whether the way the weapon is carried, or when and where it is carried, would cause a reasonable person concern that he or she, or someone else in the vicinity, may be threatened or harmed. s 57 prev s 57 amd 1994 No. 13 s 3 sch om 1996 No. 41 s 20 pres s 57 sub 1994 No. 13 s 10 amd 1996 No. 41 s 11 ; 1998 No. 19 s 34 ; 1999 No. 19 s 3 sch ; 2003 No. 92 ss 58 , 71 ; 2011 No. 37 s 12 ; 2016 No. 48 s 17 (sec.57-ssec.1) In this section— public place includes a vehicle that is in or on a public place. weapon includes— an antique firearm, spear gun, longbow or sword; and a replica of a weapon; and a replica of a thing mentioned in paragraph (a) ; and a slingshot or shanghai. (sec.57-ssec.2) A person must not, without reasonable excuse, carry a weapon exposed to view in a public place. Maximum penalty—40 penalty units or 6 months imprisonment. (sec.57-ssec.3) A person must not, without reasonable excuse, carry in a public place a loaded firearm or a weapon capable of being discharged. Maximum penalty—120 penalty units or 2 years imprisonment. (sec.57-ssec.4) A person must not, without reasonable excuse, discharge a weapon in, into, towards, over or through a public place. Maximum penalty—200 penalty units or 4 years imprisonment. (sec.57-ssec.5) It is a reasonable excuse for subsection (2) to carry a sword exposed to view in a public place— to perform a lawful activity, duty or employment; or to participate in a lawful entertainment, recreation or sport; or to exhibit the sword; or for use for a lawful purpose. A person may carry a sword for ceremonial purposes at an official function attended by the Governor. A person may carry a sword as an accessory while playing in a pipe band. A person who collects swords may exhibit them at a fete or another public gathering. A person may carry a sword as part of an official uniform the person is entitled to wear. (sec.57-ssec.6) It is not a reasonable excuse for subsection (2) or (3) to carry a weapon in a public place for self-defence purposes. (sec.57-ssec.7) In deciding what is a reasonable excuse for subsection (2) or (3) , regard may be had, among other things, to whether the way the weapon is carried, or when and where it is carried, would cause a reasonable person concern that he or she, or someone else in the vicinity, may be threatened or harmed. - (a) an antique firearm, spear gun, longbow or sword; and - (b) a replica of a weapon; and - (c) a replica of a thing mentioned in paragraph (a) ; and - (d) a slingshot or shanghai. - (a) to perform a lawful activity, duty or employment; or - (b) to participate in a lawful entertainment, recreation or sport; or - (c) to exhibit the sword; or - (d) for use for a lawful purpose. Example for paragraph (a) — A person may carry a sword for ceremonial purposes at an official function attended by the Governor. Example for paragraph (b) — A person may carry a sword as an accessory while playing in a pipe band. Example for paragraph (c) — A person who collects swords may exhibit them at a fete or another public gathering. Example for paragraph (d) — A person may carry a sword as part of an official uniform the person is entitled to wear.