Weapons Offences – VIC

Welcome to the VIC Control of use of dangerous articles article page. Everything you need to know about Control of use of dangerous articles according to VIC law.

What the Law States according to VIC Law for Control of use of dangerous articles

According to VIC Law for the charge of Control of use of dangerous articles,

Control of Weapons Act 1990 – SECT 7
Control of use of dangerous articles

7. Control of use of dangerous articles

(1) A person must not in a public place possess or carry a dangerous article without lawful excuse.

(1A) A person who is in licensed premises or in a public place that is in the immediate vicinity of licensed premises must not possess or carry a dangerous article without lawful excuse.

(2) In this section lawful excuse includes-

(a) the pursuit of any lawful employment, duty or activity; and

(b) participation in any lawful sport, recreation or entertainment; and

(c) the legitimate collection, display or exhibition of the article; and

(d) the use of the article for the purpose for which it is designed or intended-

but does not include possession or carriage of a dangerous article for the purpose of self-defence.

(4) In considering whether a person has a lawful excuse to possess or carry a dangerous article, the court must have regard to the circumstances, such as time and location, of the incident.

The Maximum Penalty – Control of use of dangerous articles

According to VIC Law for the charge of Control of use of dangerous articles:

(1) 6 months / 60 penalty units
(1A) 1 year / 120 penalty units

What the Police must prove according to VIC Law for Control of use of dangerous articles

1. A person possessed or carried a dangerous article.

2. They did not have a lawful excuse.

3. In the case of (1A), a person was in a licensed premises or a public place in the vicinity of a licensed premises.

Possible Defences under VIC Law – Control of use of dangerous articles

1. Factual dispute
2. Lawful excuse
3. Lack of necessary intent

In VIC which court will hear the matter – Control of use of dangerous articles

Magistrates’ Court

 

Date: 09/01/2009