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Prohibited weapons
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Prohibited weapons
Prohibited weapons
Written by
Bill Doogue
Criminal Defence Lawyer
What the Law states - Prohibited weapons
Control of Weapons Act 1990 - SECT 5
Prohibited weapons
5. Prohibited weapons
(1) A person must not-
(a) bring into Victoria; or
(b) cause to be brought into or sent into Victoria; or
(c) manufacture, sell or purchase; or
(d) display or advertise for sale; or
(e) possess, use or carry-
a prohibited weapon without an exemption under section 8B or an approval under section 8C.
(1A) A person who is in licensed premises or in a public place that is in the immediate vicinity of licensed premises must not possess, carry or use a prohibited weapon without-
(a) an exemption under section 8B; or
(b) an approval under section 8C
(2) A person must not sell a prohibited weapon unless the person reasonably believes that the purchaser of the weapon has an exemption under section 8B or an approval under section 8C allowing the purchaser to possess the weapon.
(3) Subsections (1), (1A) and (2) do not apply to an employee of a person who holds an approval under section 8C if the employee is acting in the course of his or her employment and in accordance with the approval.
Maximum Penalty in Victoria
(1) 2 years / 240 penalty units
(1A) 4 years / 480 penalty units
(2) 2 years / 240 penalty units
What the Prosecution must prove - Prohibited weapons - Vic
1. A person brought or caused to be brought or sent into Victoria, manufactured, sold, purchased, displayed, advertised for sale, possessed, used or carried a prohibited weapon without an exemption.
2. In the case of (1A), a person was in licensed premises or in a public place that is in the immediate vicinity of a licensed premises.
Possible Defences - Prohibited weapons
1. Are an employee of a person who holds an approval under section 8C , acting in the course of his or her employment and in accordance with the approval.
2. Factual dispute.
3. Lack of intent.
Which court will hear the charge of Prohibited weapons
Magistrates Court
