Weapons Offences – VIC

Welcome to the VIC Prohibited weapons article page. Everything you need to know about Prohibited weapons according to VIC law.

What the Law States according to VIC Law for Prohibited weapons

According to VIC Law for the charge of Prohibited weapons,

Control of Weapons Act 1990 – SECT 5
Prohibited weapons

5. Prohibited weapons

(1) A person must not-

(a) bring into Victoria; or

(b) cause to be brought into or sent into Victoria; or

(c) manufacture, sell or purchase; or

(d) display or advertise for sale; or

(e) possess, use or carry-

a prohibited weapon without an exemption under section 8B or an approval under section 8C.

(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, carry or use a prohibited weapon without-

(a) an exemption under section 8B; or

(b) an approval under section 8C

(2) A person must not sell a prohibited weapon unless the person reasonably believes that the purchaser of the weapon has an exemption under section 8B or an approval under section 8C allowing the purchaser to possess the weapon.

(3) Subsections (1), (1A) and (2) do 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.

The Maximum Penalty – Prohibited weapons

According to VIC Law for the charge of Prohibited weapons:

(1) 2 years / 240 penalty units
(1A) 4 years / 480 penalty units
(2) 2 years / 240 penalty units

What the Police must prove according to VIC Law for Prohibited weapons

1. A person brought or caused to be brought or sent into Victoria, manufactured, sold, purchased, displayed, advertised for sale, possessed, used or carried a prohibited weapon without an exemption.

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

Possible Defences under VIC Law – Prohibited weapons

1. Are an employee of a person who holds an approval under section 8C, acting in the course of his or her employment and in accordance with the approval

2. Factual dispute

3. Lack of intent

In VIC which court will hear the matter – Prohibited weapons

Magistrates’ Court

 

Date: 09/01/2009