Section 11B Summary Offences Act – Custody of Offensive Implements

The Legislation

Section 11B of the Summary Offences Act 1998 (NSW) is the criminal offence of Custody of Offensive Implements and is stated below.

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11B Custody of offensive implement

(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.