Victoria’s New Machete Laws: A Swift Response to Youth Violence and What It Means for You

The article Victoria’s New Machete Laws: A Swift Response to Youth Violence and What It Means for You is written by Jon Ross and Lachie Davine of Doogue + George Defence Lawyers.

Jon Ross is a Senior Associate at Doogue + George. He currently manages our Broadmeadows office. Prior to this he practised at one of London’s largest criminal defence firms for over 20 years.

Lachie is based at our Sunshine and Melbourne offices. He appears regularly on behalf of clients at the Sunshine Magistrates’ Court as well as other courts across Melbourne.

A recent knife fight, allegedly involving rival youth gangs at a busy Melbourne shopping centre on Sunday, 25 May 2025, has spurred immediate government action. Within three days, the Victorian Government announced significant changes to weapons laws, specifically targeting machetes. The new machete laws are part of a broader strategy to address community concerns about youth crime. This move comes amidst heightened media attention and political discourse favouring a ‘tough on crime’ stance, a narrative that persists despite research questioning its long-term effectiveness, especially concerning young offenders.

This blog post breaks down these new laws, explains their implications, and outlines the existing weapons regulations in Victoria.

The Machete Ban: What, When, and Why?

What is classified as a machete? The Victorian Government has defined a machete as a ‘large broad-bladed cutting knife’. It’s important to note that this definition specifically excludes standard kitchen knives used for culinary purposes.

Immediate Ban on Machete Sales: Effective from 12pm on Wednesday, 28 May 2025, an interim ban on the sale of machetes by retailers and suppliers across Victoria has been enacted using consumer law.

• Duration: This initial ban will last for at least 60 days, with the government having the option to extend it.
• Penalties for Non-Compliance: Retailers and suppliers must immediately remove machetes from sale. Failure to comply carries severe financial penalties: up to $2.5 million for individuals and a staggering $50 million for companies.
• Enforcement: Consumer Affairs Victoria is tasked with enforcing this sales ban.

Permanent Ban on Sale and Possession: Looking ahead, a permanent ban on both the sale and possession of machetes will come into effect on 1 September 2025. From this date, machetes will be reclassified as ‘prohibited weapons’.

Why has the Victorian Government taken this action? This legislative change is a direct response to the alarming incident at the northern suburbs shopping centre. It also reflects mounting pressure on the Government to take decisive action against violent youth crime and alleviate growing community anxiety.

Impact of the New Laws:

• For Businesses: The immediate sales ban significantly impacts retailers and suppliers. Even those who sold machetes for previously legitimate and lawful purposes (e.g., gardening, outdoor activities) now face prosecution if they continue to sell them.
• For Individuals: While the immediate ban focuses on sales, the upcoming permanent ban from 1 September 2025 will make it an offence to possess a machete without a specific exemption or licence (details of which will likely be clarified as the date approaches).

Understanding Victoria’s Existing Weapons Laws

The Control of Weapons Act 1990 (Vic) (the Act) and the Control of Weapons Regulations 2011 (Vic) (the Regulations) categorise weapons into three main types:

1. Controlled Weapons:
   • Definition: Includes items like non-prohibited knives, spear guns, bayonets, or batons.
   • Offence: Possessing, using, or carrying a controlled weapon requires a lawful excuse (e.g., employment, recreation, sport).
   • Penalties: Up to one year imprisonment, or two years if near a licensed premises.
   • Specific to Children: It is an offence for a child to purchase a controlled weapon, and an offence to knowingly sell one to a child.
   • Safe Handling: Failure to possess, carry, and use a controlled weapon safely and consistently with its lawful excuse can result in a fine of up to 20 penalty units (approximately $4,000).

   There is more information regarding controlled weapons offences here.

2. Prohibited Weapons:
   • Definition: These include items like imitation firearms, tasers, or flick knives (a full list is in Schedule 1 of the Regulations).
   • Offence: It is a criminal offence to possess a prohibited weapon without a specific licence or exemption.
   • Penalties: Maximum penalty of two years’ imprisonment.
   • Relevance to Machetes: From 1 September 2025, machetes will be classified as prohibited weapons.

   Click on the link for more information regarding prohibited weapons offences.

3. Dangerous Articles:
   • Definition: Broadly defined as any item or object adapted, modified, or carried with the intention of being used as a weapon, this can include everyday items if intent is proven.
   • Offence: It is a criminal offence to carry a ‘dangerous article’ in a public place or licensed premises without a lawful excuse.
   • Penalties: Up to 6 months’ imprisonment if carried in public, or one year if in or near a licensed premises.

   There is more information regarding dangerous articles offences here.

Navigating the Changes

The Victorian Government’s swift action on machetes signals a determined approach to curbing weapon-related violence, particularly among youth. For retailers, immediate compliance with the sales ban is critical to avoid substantial penalties. For individuals, the upcoming possession ban means careful consideration of any machetes currently owned.

As these laws evolve and enforcement priorities shift, staying informed is crucial. If you are a business owner concerned about compliance, or an individual facing weapons-related charges or queries, expert legal advice is essential.

Contact us. Please contact our office on 9670 5111 for expert legal advice regarding weapons offences or any related matters.

Date Publisbhed: 30 May 2025