Updated April 17, 2026
Many people think a knife is only a problem if it is used. That is not correct under Victorian law. Being stopped with a knife in your possession may lead to criminal liability. In many cases, issues may arise about why you had the knife, what kind of knife it was, and where you were when police found it. The real issue is why you had the knife, what kind of knife it was, and where you were when police found it. To know more, read on.
In Victoria, most knives are treated as controlled weapons. Some knives are treated more strictly and termed as prohibited weapons.
As per section 6 of the Control of Weapons Act 1990 (Vic), a person must not possess, carry, or use a controlled weapon without a lawful excuse. This rule applies in public and private places. Being in public can make the situation more serious.
A controlled weapon includes most everyday knives. Control of Weapons Regulations 2021 (Vic) mentions that flick knives, daggers, and butterfly knives are prohibited weapons and carry heavier penalties. The regulations also list items such as batons, bayonets, spear guns, and cattle prods.
Police do not need a warrant in every situation. Under section 10 of the Control of Weapons Act 1990 (Vic), a police officer may search a person, a vehicle, or another thing without a warrant if the officer has reasonable grounds.
The law also allows police to conduct searches in a temporarily designated search area.
For the weapons law in Victoria, the meaning of “public place” is broad. The Control of Weapons Act 1990 (Vic) adopts the definition from the Summary Offences Act 1966 (Vic).
Examples of a public place include:
A person can still face a weapon-related issue even if they are not in what most people would think of as a busy public area.
Location can affect how serious a case becomes because it affects:
So, where a knife is found can be just as important as the knife itself.
Carrying a controlled weapon is not lawful. However, it can be allowed for:
A lawful excuse may include carrying a knife for lawful employment, duty, or activity if they do so safely and securely.
A lawful excuse can also include participation in lawful or legitimate activities, such as:
Whether the excuse is accepted will depend on the circumstances.
Some explanations are unlikely to help. Examples of risky explanations are listed below.
Like any other criminal offence related to carrying weapons, carrying a knife in public has penalties.
For an ordinary knife treated as a controlled weapon, the maximum penalty under section 6(1) of the Control of Weapons Act 1990 (Vic) is 120 penalty units, or 1 year imprisonment. If the offence happens in licensed premises or within 20 metres of them, the maximum penalty under section 6(1A) of the Control of Weapons Act 1990 (Vic) rises to 240 penalty units, or 2 years imprisonment.
Possessing, using, or carrying a prohibited knife without approval or exemption can carry a maximum of 240 penalty units or 2 years imprisonment. If that happens in licensed premises, or within 20 metres of them, the maximum can rise to 480 penalty units, or 4 years imprisonment
Not every knife matter ends in the same way. Some less serious matters may begin with an infringement notice. If the case goes to court, a person may plead guilty or not guilty.
According to the Magistrates’ Court of Victoria, a guilty plea is often sentenced on the same day. If a charge is proven, the court has a range of sentencing options.
For adults, knife possession matters are usually dealt with in the Magistrates’ Court of Victoria.
If the accused was between 10 and 17 at the time of the alleged offence, the matter may be heard in the Children’s Court of Victoria.
If the Victoria police find you carrying a knife, they may:
The first hearing in a summary case is usually a mention hearing where the court identifies whether the matter is proceeding as a guilty plea or a not guilty plea.
The right defence will depend on the facts of the case. Common issues include whether:
Knife laws in Victoria are strict to reduce knife-related violence. A knife does not need to be used before it becomes a legal issue. Often, the real questions are:
A weapons charge can have serious consequences, even if the knife was never used. Early legal advice can make a real difference. At Doogue + George, our criminal defence lawyers have extensive experience handling weapons matters in Victorian courts.
We can help by:
Contact us as early as possible for clear advice and experienced representation.
Often, yes. Since many knives are treated as controlled weapons, carrying one can lead to a charge if there is no lawful excuse.
Lawful excuses can include lawful employment, duty or activity, lawful sport, recreation or entertainment, and the legitimate collection, display, or exhibition of weapons.
The Control of Weapons Act 1990 (Vic) expressly says that self-defence is not a lawful excuse.
The Magistrates’ Court of Victoria for adults and the Children’s Court of Victoria for minors.
Yes. A weapons charge can affect your record, your work, and your future. Early legal advice can help you understand the charge, assess possible defences, and decide the best way to handle the case.
“This content is for informational purposes only and should not be considered legal advice. Please consult a qualified criminal defence lawyer before making any decisions regarding your matter”
