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Control of Body Armour

– section 8A of the Control of Weapons Act 1990

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

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
“Did you possess body armour?”
Legislation
The section that covers this offence is section 8A of the Control of Weapons Act 1958.

Elements of the offence
The Prosecution must establish the following offences beyond reasonable doubt for an accused to be found guilty of Control of Body Armour:

  1. The accused brought body armour into Victoria; or
  2. The accused caused body armour to be brought or sent to Victoria; or
  3. The accused manufactured, sold, or purchased body armour; or
  4. The accused possessed or used body armour; and
  5. The accused was without exemption from doing so under section 8B or an approval under section 8C of Control of Weapons Act 1990.

  • 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?

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