Australian Blade Ed 1

In 2015 Mr. Chris Bowyer as Acting Director, Restricted Goods Policy, Trade and Customs Branch of
Department of Immigration and Border Protection released a departmental notice that described “Amendments
to the Customs (Prohibited Imports) Regulations 1956 – Firearms and Weapons.” In this notice Mr. Bower
stated among other things.
“The controls on single-handed opening knives and parts for single-handed opening knives have been
removed (Items 16 and 17 of Schedule 13). This allows importers to import single-handed opening knives
that can be opened by gravity, inertia or centrifugal force. These knives have many lawful uses, including
for use in outdoor recreational activities such as camping, mountaineering and hiking.”
It is the “authorised officer”, generally a police officer appointed by the commissioner 8 who decides license
applications 9 and needs to be satisfied of a special occupational need for the knife as prescribed by the Weapons
Regulation 2016. As such the authorised officer is prevented from considering:
“These knives have many lawful uses, including for use in outdoor recreational activities such as camping,
mountaineering and hiking.”
Unlawful possession
It is an offence to unlawfully possess a category M weapon and such an offence is subject to a penalty of is
subject to 100 penalty units or 2 years imprisonment. 10 “Unlawfully possess a category M weapon” means to
have possession of one of these knives in the absence of a weapons license for a category M weapon. At the
time of writing, the penalty unit value in Queensland is $121.90. 11 So if you unlawfully possess a category M
weapon you are looking at a fine of $12,190.00 or two years in the big house. It is interesting to note that it is
also an offence to unlawfully supply a weapon. 12 As such it would seem that the national retailers and others
selling knives that constitute Category M, without a permit to acquire, constitutes an offence.
Conclusion
The law is unclear as to whether these knives are considered a Category M weapon or not. This is due to a lack
of case law that clarifies “designed or constructed so as to be used as a weapon”. The fact that the Regulations
provide for a miscellaneous occupational licence indicates the Police at least, would likely view them as a
Category M weapon. The Commonwealth of Australia has applied a sensible approach and recognised that these
knives have many lawful uses including recreational. The State of Queensland needs to bring itself in line with
the Commonwealth and remove from the Weapons Categories Regulation 1997 the Category M definition:
“…any knife so designed or constructed so as to be used as a weapon that while the knife is held in 1 hand,
the blade may be released by that hand.”
8
Section 153(1), Weapons Act 1990.
9
Section 15(1), Weapons Act 1990.
10
Section 50(1)(c)(iii), Weapons Act 1990.
11
https://www.qld.gov.au/law/crime-and-police/types-of-crime/sentencing-fines-and-penalties-for-offences/
12
Section 50B(1), Weapons Act 1990.