Knife laws?

[L2obin]

What are the knife laws concerning carrying a survival knife when bush walking?

[Strider]

What state are you in?

[wayno]

hang on , i'm psychic i'll answer that, new south wales. at least thats what it says beneath his name on the right....

[christophermoore]

From the Summary Offences Act 1988:

2.1.11B

(1) A person shall not, without reasonable excuse (proof of which lies on the person), have in his or her custody an offensive implement in a public place or a school.
Maximum penalty: 50 penalty units or imprisonment for 2 years.

(2) If a person is convicted of an offence under this section, the court may, in addition to any penalty it may impose, make an order that the offensive implement be forfeited to the Crown, and the implement is forfeited accordingly.

(3) In this section:
offensive implement means:

(a) anything made or adapted for use for causing injury to a person, or
(b) anything intended, by the person having custody of the thing, to be used to injure or menace a person or damage property.

Bushwalking is, in my mind, a pretty reasonable excuse to carry a knife, but what do you mean by a "survival" knife? If it's a giant bowie knife, and the police for some reason searched your bag and found it, they might take it.

The only time I ever bring a more serious knife is when I go spearfishing, and that surely is a reasonable excuse.

[Rico]

A survival knife is all right when bushwalking or camping, or most outdoor activities where a knife may become handy. There are limitations with folders and with knives designed to be hidden on your body.

Just make sure to don't forget your knife in your car when you come back from home. You are not allowed to have a knife on you or in your car when going to work or grocery shopping, and "hoo right I forgot that it was there" doesn't work with the cops!

[Strider]

hang on , i'm psychic i'll answer that, new south wales. at least thats what it says beneath his name on the right....

Tapatalk doesn't display user profiles

[christophermoore]

Just make sure to don't forget your knife in your car when you come back from home. You are not allowed to have a knife on you or in your car when going to work or grocery shopping, and "hoo right I forgot that it was there" doesn't work with the cops!

I'm not sure about this. I mean, if I left my spearfishing knife in my car (assuming I had a car), and the police for some reason searched my car and found it, I think most magistrates would accept that I'd just forgotten to take it out (unless there was some other evidence that I'd been meaning to stab someone with it).

I have a swiss-army knife on me all the time - it's on my keyring, and I use it for making sandwiches, cutting up fruit, and opening beers.

Is there an amateur lawyer in the house?

[Strider]

You are not allowed to have a knife on you or in your car when going to work

Depends what you do for work. Cue "reasonable excuse".

I also have a knife on me at all times. "Utility" is enough of a reasonable excuse for me to feel comfortable with the laws.

There are limitations with folders

Not that I've ever come across. Can you elaborate?

[maddog]

If you refer to s 11C(2)(a)(ii) and (iii) of the Summary Offences Act you will realise you don't have a problem in NSW:

(2) Without limitation, it is a reasonable excuse for the purposes of this section for a person to have custody of a knife, if:
(a) the custody is reasonably necessary in all the circumstances for any of the following:
(i) the lawful pursuit of the person’s occupation, education or training,
(ii) the preparation or consumption of food or drink,
(iii) participation in a lawful entertainment, recreation or sport,
...
(b) the custody is reasonably necessary in all the circumstances during travel to or from or incidental to an activity referred to in paragraph (a),
...

But don't wave it around:

'11E Wielding of knives in a public place or school
(1) A person who, without reasonable excuse (proof of which lies on the person):
(a) uses a knife, or
(b) carries a knife that is visible,
in the presence of any person in a public place or a school in a manner that would be likely to cause a person of reasonable firmness present at the scene to fear for his or her personal safety is guilty of an offence.
Maximum penalty: 50 penalty units or imprisonment for 2 years.
(2) No person of reasonable firmness need actually be, or be likely to be, present at the scene.

And so long as the knife is not of a type that is prohibited under the Weapons Prohibition Act 1998:

'SCHEDULE 1 – Prohibited weapons
(Section 4 (1))
1 Knives
(1) A flick knife (or other similar device) that has a blade which opens automatically by gravity or centrifugal force or by any pressure applied to a button, spring or device in or attached to the handle of the knife.
(2) A ballistic knife that propels a knife-like blade of any material by any means other than an explosive.
(3) A sheath knife that has a sheath which withdraws into its handle by gravity or centrifugal force or if pressure is applied to a button, spring or device attached to or forming part of the sheath, handle or blade of the knife.
(4) An Urban Skinner push dagger or any other device that consists of a single-edged or multi-edged blade or spike that has a handle fitted transversely to the blade or spike and allows the blade or spike to be supported by the palm of the hand so that stabbing blows or slashes can be inflicted by a punching or pushing action.
(5) A trench knife or any other device that consists of a single-edged or multi-edged blade or spike that is fitted with a handle made of any hard substance that can be fitted, wholly or partly, over the knuckles of the hand of the user to protect the knuckles and increase the effect of a punch or blow, or that is adapted for such use.
(6) A butterfly knife or “balisong” or any other device that consists of a single-edged or multi-edged blade or spike that fits within 2 handles attached to the blade or spike by transverse pivot pins and is capable of being opened by gravity or centrifugal force.
(7) A star knife or any other device that consists of a number of angular points, blades or spikes disposed outwardly about a central axis point and that are designed to spin around the central axis point in flight when thrown at a target.'

[David M]

Australia sure is a huge Nanny State these days, even impinging upon the gentle art of bushwalking...

Anyway, as others have said, it depends on the context. Carrying a knife, including a "survival knife" is perfectly reasonable for bushwalking and I would imagine be OK to carry to and from the activity (IMO).

I have a friend who is a police officer (VIC) and I asked him about Leatherman type multitools, one of which I carry everywhere (and even used to carry on planes before 9/11). He said that is OK to carry as it has a multitude of uses although I am not entirely sure if that is dependent upon the fact that people are always asking me to fix things and it is handy to have at all times. Another person who carries one who is not so inclined might be different. I also carry a Spyderco knife on my keyring, about 2cm long which I use for opening my mail.

This is yet another example of laws which were intended for street thugs making life difficult for decent citizens.

As usual, consult your lawyer before your next bushwalk...

[maddog]

Australia sure is a huge Nanny State these days, even impinging upon the gentle art of bushwalking...

In the context of the current topic of carrying knives, in what way has the 'Nanny State' impinged on your bushwalking?

....a knife, including a "survival knife" is perfectly reasonable for bushwalking and I would imagine be OK to carry to and from the activity (IMO).

Yes, it is.

...is yet another example of laws which were intended for street thugs making life difficult for decent citizens.

The NSW legislation, referred to above, has clearly been drafted to make life difficult for 'street thugs', and has little or no on impact on the lawful activities of the 'decent citizens' you refer to. Is the situation in Victoria different? If not, perhaps you would be good enough to explain the type of activity that you are currently prohibited from engaging in under the existing laws, and how those restrictions could be improved upon?

Cheers

[Strider]

As of 14 December, 2012, it is now illegal to import ANY one handed opening knife to Australia. From what I can gather, this includes any knife that can be opened one handed - not just those that are designed to do so. Not sure what the position is on multi tools, but regardless it is a big step backwards for Australian knife users

[Earthling]

As of 14 December, 2012, it is now illegal to import ANY one handed opening knife to Australia. From what I can gather, this includes any knife that can be opened one handed - not just those that are designed to do so. Not sure what the position is on multi tools, but regardless it is a big step backwards for Australian knife users

So far Multitools are getting through without any dramas (well, that I have heard anyways), Leatherman, Gerber etc

It certainly is a shame, I keep eyeing off some of the Spydercos and wish I could bring one in

[Strider]

What is really upsetting is that I will now never own a CRK Sebenza

[photonaturally]

I purchase 2 small (really small) boker folding knifes and they got delivered. 3 days ago
They blade length is only 5 cm though.

[Strider]

I purchase 2 small (really small) boker folding knifes and they got delivered. 3 days ago
They blade length is only 5 cm though.

Which models? Are they one-handed opening?

[photonaturally]

http://www.boker.de/us/pocket-knife/bok ... BO586.html

it was a china rip off for $2.5 each.

it is smaller than it looks in the photo. (thats what she said)

[Strider]

http://www.boker.de/us/pocket-knife/boker-plus/tactical-knife/01BO586.html

it was a china rip off for $2.5 each.

it is smaller than it looks in the photo. (thats what she said)

Quite possible it is the genuine article. From memory some of Boker's cheaper lines are made in China by the likes of Sanrenmu/Enlan/Navy/Land/Ganzo.
Does it come in plain edge also?

[north-north-west]

Australia sure is a huge Nanny State these days, even impinging upon the gentle art of bushwalking...

What's gentle about carrying a ruddy great Bowie knife with you?

[sailfish]

Just make sure to don't forget your knife in your car when you come back from home. You are not allowed to have a knife on you or in your car when going to work or grocery shopping, and "hoo right I forgot that it was there" doesn't work with the cops!

I'm not sure about this. I mean, if I left my spearfishing knife in my car (assuming I had a car), and the police for some reason searched my car and found it, I think most magistrates would accept that I'd just forgotten to take it out (unless there was some other evidence that I'd been meaning to stab someone with it).

I have a swiss-army knife on me all the time - it's on my keyring, and I use it for making sandwiches, cutting up fruit, and opening beers.

Is there an amateur lawyer in the house?

Don't bet on getting the knife back.

I was in the police station handing in a mobile I found. A well spoken older gent came in to collect his knife that he had surrendered to an officer after being asked too. He was calm and polite through the whole exchange. He hadn't been charged with anything nor was he going to be but the police were not empowered to give it back to him. Apparently it is illegal for them to return a knife to the owner despite it being OK to own one and OK to have it in position for a legally valid reason. It is perfectly legal private property and you will never see it again once it is in their hands. Don't even think about refusing though........


Regards,
Ken

[Strider]

Australia sure is a huge Nanny State these days, even impinging upon the gentle art of bushwalking...

What's gentle about carrying a ruddy great Bowie knife with you?

Actually, EVERYTHING if you use it responsibly.

[Strider]

I have a swiss-army knife on me all the time - it's on my keyring, and I use it for making sandwiches, cutting up fruit, and opening beers.

I carry a framelock one-handed opener. Handy little bugger it is too, I feel naked without it! That said, I would completely understand if a person of the law wished to confiscate it...

[photonaturally]

I carry a skeletool with me all the time. in my bag though, not on my person. The very same one that I bought from amazon. delivered by aust post.
the skeletool not me.

in fact, I travelled to Japan and back with it. I use it to adjust my snowboard binding. it was with my check in luggage.
it is stated that multi tools are ok to import on australian custom's website.

[Strider]

I once took a Spyderco Bug through airport security - didn't realise until I was sitting in Subway at Melbourne International!

[Mountain Rocket]

Mmm I managed to accidentally bring my Victorinox tomato knife with me on the plane from Christchurch to Sydney.
It was certainly a surprise when I was unpacking my bag and found it.

[Lindsay]

I carry a skeletool with me all the time. in my bag though, not on my person. The very same one that I bought from amazon. delivered by aust post.
the skeletool not me.

in fact, I travelled to Japan and back with it. I use it to adjust my snowboard binding. it was with my check in luggage.
it is stated that multi tools are ok to import on australian custom's website.

Multitools are fine, what is out are those knives described in Maddogs post above.

[sailfish]

I read through the relevant legislation a few years ago. Basically a fixed blade knife edged on one side is fine provided you are over the legal age and have a legally valid reason for carrying it. Legally valid reasons do not include protecting yourself either from people or animals, so this must never leave your lips when you are asked what you need it for. In case I need it for something is not a legally valid reason. It has to be a specific purpose for which you will defiantly need it. At least that is my take on the NSW legislation but I am not a legal professional. I carry a knife fishing because I will have to dispatch the fish quickly and humanely then scale and clean them up. When I catch a large Carp it will take a strong stout knife to do the job, something like a SOG Seal Pup will do it, a filleting knife will not. Also good for sharpening a stick with which to dig a poo hole though a machete or similar will do that better, etc etc.......


Regards,
Ken

[Strider]

I read through the relevant legislation a few years ago. Basically a fixed blade knife edged on one side is fine provided you are over the legal age and have a legally valid reason for carrying it.

No folders? If this is true then I may have to invest is a small fixed blade...

[sailfish]

I read through the relevant legislation a few years ago. Basically a fixed blade knife edged on one side is fine provided you are over the legal age and have a legally valid reason for carrying it.

No folders? If this is true then I may have to invest is a small fixed blade...

It was a while ago I read through it all so better to check it out yourself. Memory is, it pretty much excludes double edged, flick, butterfly and locking blade knives which doesn't seem to leave a safe folding blade option so I went with the simpler fixed blade explanation.

Ken

[Strider]

Memory is, it pretty much excludes double edged, flick, butterfly and locking blade knives which doesn't seem to leave a safe folding blade option so I went with the simpler fixed blade explanation.

All of my folders lock, with the exception of my Victorinox Signature. Slip-joints are dangerous IMO.