Swords – Prohibited weapons (New Vic Regulations)

TCAA has just received a response from the Vic Justice Dept regarding our submission to have Tai Chi swords exempted from the prohibited weapons classification in the new regulations (the Control of Weapons (Amendment) Regulations 2003).

The Control of Weapons Act 1990 sets the framework in Victoria for the control of the sale, possession, carriage and use of non-firearms weapons and body armour. The Act divides non-firearm weapons into four basic categories: prohibited weapons, controlled weapons, dangerous articles and body armour. The Minister for Police and Emergency Services Mr Andre Haermeyer, has announced that swords are to be elevated to the status of prohibited weapons under the new (amended) regulations effective from July 1st, 2004.

The Act does not provide for a complete ban on prohibited weapons and the Government recognises a range of circumstances in which it might be appropriate for a person to possess and use a prohibited weapon. Individuals require approval or an exemption. The reasons available for the granting of these approvals or exemptions are sufficiently flexible to allow for a range of legitimate purposes.

To enable people who are not covered by one of the general exemptions but who believe they have a legitimate reason to continue to possess and use swords, all people who make an application for an approval or an exemption before 31 August 2004 will be exempted from the prohibition until their application has been processed and they have been advised of the outcome.

For further information please contact the Vic Justice Dept. (Ph 03 9651 6988) the Licensing Services Branch, Vic Police (1300 651 645) or www.police.vic.gov.au (see "forms and permits").

The Minister has agreed to support a number of exemptions for classes of people with legitimate reasons to possess and use swords. However, it is important to note that the classes of people who may come within an exemption is not closed and the Minister is prepared to consider representations made by organisations that are not covered in one of the proposed exemptions.

At the present time, the Minister proposes to recommend the making of a number of general exemption Orders for members of specific groups and organizations including Tai Chi practitioners. (List made available includes various cultural and sporting groups)

However, these exemptions will not be blanket exemptions. They will apply to named groups and organisations and their members who are not prohibited persons, as defined by the Act and who comply with the conditions in the Order. The exemptions will have a range of conditions attached for people who possess and use swords. These will include conditions relating to storage, transport and security (see end of article).

As noted earlier, the classes of persons to whom an exemption applies is not closed and an application for an exemption on behalf of an organisation or other class of persons may be made to the Licensing Services Branch of Victoria Police.

Specifically the ANWTA organisation (Tai Chi & Wushu see: www.anwta.org.au) has successfully applied for an exemption applicable to all its current financial members. This is great news and sets the precedent should TCAA proceed with a similar application. (Your views?) The extent of the exemption for ANTWA members is:

Bringing a sword into Victoria, causing a sword to be brought or sent into Victoria, selling or purchasing a sword, displaying or advertising a sword for sale, possessing using or carrying a sword for the purposes of studying and participating in Wushu and Tai Ch and is subject to the following conditions: A person seeking to rely on this Order is subject to the following conditions:

  1. When not being used in accordance with the purpose specified in this Order, swords must be stored safely and securely; and
  2. A person seeking to rely on this exemption must permit a member of the police force to inspect his or her storage arrangements at any reasonable time.

In this Order –

"Act" means the Control of Weapons Act 1990;

"stored safely and securely" means:

    1. stored in a manner calculated to ensure that the sword:
    1. is not readily accessible to a person other than the person seeking to rely on the exemption; and
    2. is not available for possession, carriage or use by a person who is not themself a holder of an approval issued by Chief Commissioner of Police or who does not fall within another class of exempt persons;
    1. when being transported between the usual place of storage of the sword and places at which the sword is legitimately used, the purpose of which is the subject of this exemption, stored in a manner calculated to ensure that the sword is not readily accessible to a person other than the person seeking to rely on the exemption and that the sword is concealed from plain sight during any such transportation;

 

"participating", in relation to a sport, includes receiving instruction in, practising, training, teaching or competing in the sport.

"sword" is defined as a thrusting, striking or cutting weapon with a long blade having one or two cutting edges and a hilt.

Notes:

  1. There are strict penalties applied to breaches of this act so if in doubt please access the given contacts for further information.
  2. Further clarification is being sought as to whether the Tai Chi steel or wooden training/demonstration "swords" are classified as prohibited weapons since they are not sharpened and they do not having any cutting edges.

 

Home Page   Articles