Section 11C Summary Offences Act – Custody of Knife in Public Place


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The Legislation

Section 11C of the Summary Offences Act 1998 (NSW) is the criminal offence of Custody of Knife in Public Place and is stated below.

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11C Custody of knife in public place or school

(1) A person must not, without reasonable excuse (proof of which lies on the person), have in his or her custody a knife in a public place or a school. Maximum penalty: 20 penalty units or imprisonment for 2 years, or both.

(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,
(iv) the exhibition of knives for retail or other trade purposes,
(v) an organised exhibition by knife collectors,
(vi) the wearing of an official uniform,
(vii) genuine religious purposes, or
(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), or
(c) the custody is of a kind prescribed by the regulations.

(3) However, it is not a reasonable excuse for the purposes of this section for a person to have custody of a knife solely for the purpose of self defence or the defence of another person.

(4), (5) (Repealed)

(6) The regulations may provide that this section does not apply to or in relation to any specified class or description of knife.