Control of Body Armour

– section 8A of the Control of Weapons Act 1990
control of body armour

 

This is charged when someone possesses, uses, manufactures, sells or buys body armour. Or when someone brings, or is involved in bringing body armour into Victoria.

Examples of Control of Body Armour

Without an exemption:

  • You buy, sell or possess a bullet proof vest
  • You possess or manufacture shields or protective armour
What are some of the possible defences to a Control of Body Armour charge?
  • You did not possess the body armour
  • You have an exemption for the body armour

There are other possible defences, depending on the circumstances surrounding the alleged offending. Each matter is unique and requires an individual approach and strategy.

Questions in cases like this
  • Was it really ‘body armour’?
  • What are the exemptions and do they apply to me?

Maximum penalty and Court that deals with this charge

The maximum penalty for this offence is a fine of 240 penalty units or imprisonment for 2 years.

As this is a summary offence this case will be heard by the Magistrates’ Court.

“Did you possess body armour?”
What is the legal definition of Control of Body Armour?

Without an exemption, a person brings body armour into Victoria or causes body armour to be brought into Victoria; or a person manufactures, sells, buys, possess or uses body armour.

Legislation

The section that covers this offence is section 8A of the Control of Weapons Act 1958.1

prison penalty sentencing

What can you be sentenced to for this charge?

Your sentence will depend on the type of body armour and how much of it was in your possession.

 


[1] Control of Weapons Act 1990 – Section 8A

(1) A person must not—
(a) bring body armour into Victoria; or
(b) cause body armour to be brought or sent into Victoria; or
(c) manufacture, sell or purchase body armour; or
(d) possess or use body armour—
without an exemption under section 8B or an approval under section 8C.
Penalty: 240 penalty units or imprisonment for 2 years.
(2) Subsection (1) does 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.