Like most questions about the law, the answer to the question ‘can I carry a knife in a public place?’ Is ‘it depends’. Factors relevant to this assessment include, what kind of knife is being carried, how it’s carried and why it’s carried.

Laws around possessing weapons are designed to allow people who need to possess a knife for a legitimate activity to do so, while preventing others from causing situations that threaten public safety.

When is carrying a knife in a public place illegal?

In the ACT, possessing a knife in a public place without a reasonable excuse is a criminal offence. This offence has a maximum penalty of up to 6 months imprisonment.

It is also an offence for someone to carry a knife in public in an alarming way or with the intention of committing a criminal offence.

What is a reasonable excuse?

While it isn’t an exhaustive list, section 382(a) of the Crimes Act 1900 (ACT) provides a helpful list of recognised lawful excuses for carrying a knife in a public place. These include:

• The lawful pursuit of a person’s occupation; or
• The preparation of consumption of food; or
• Participation in a lawful entertainment, recreation or sport; or
• The exhibition of knives for retail or other trade purposes; or
• An organised exhibition by knife collectors; or
• The wearing of an official uniform; or
• Religious purposes.

This means, for example, it is likely not an offence for someone to carry a knife to use at a barbeque, to take on a recreational fishing trip or to use at work.

Can I carry a knife for self-defence?

Section 382(3) of the Crimes Act 1900 (ACT) specifically states that carrying a knife in a public place solely for the purpose of self-defence or to defend another person is not a reasonable excuse.

This means that if the only reason you possess a knife in public is to defend yourself, you could be committing a crime.

Prohibited types of knives

Certain kinds of knives are prohibited in the ACT under the Prohibited Weapons Act 1996 (Cth) and possession of these knives will be an offence, even if you think you have a reasonable excuse for carrying them. Types of prohibited knives include:

• Flick knives;
• Sheath knives;
• Daggers;
• Butterfly knives or balisongs;
• Star knives;
• Trench knives;
• Ballistic knives;
• A blade, knife or axe that is meant to be thrown;
• Hand or foot claws; or
• A knife that is capable of being mistaken for something that is not a weapon and conceals a blade.

Possession of these kinds of knives is a serious offence and can lead to significant consequences, including heavy fines and lengthy terms of imprisonment.

If you have been charged with an offence related to carrying a knife in a public place, the defence of reasonable excuse may be available to you. If you need advice, contact one of our highly experienced criminal lawyers at info@codalaw.com.au.