In New South Wales (NSW), strict laws regulate the possession of knives in public places and schools. Under Section 11C of the Summary Offences Act 1988, it is a criminal offence to carry a knife without a lawful and reasonable excuse. Breaking this law can result in severe penalties, including fines and imprisonment.

Carrying a knife in public or on school grounds is generally prohibited unless you can provide a valid reason. The law applies to all types of knives, including blades and razor blades. If found guilty, individuals may face a maximum fine of 40 penalty units, up to four years in prison, or both.

What Is a Public Place?

A “public place” is broadly defined. It includes any space that is open to the public or used by the public, whether access is free or paid. This includes streets, parks, public transport, entertainment venues, and more. The same rules apply to all schools across NSW.

Valid Reasons for Carrying a Knife

While knife possession is mostly restricted, the law does allow for certain exceptions. You may be able to legally carry a knife if you fall into one of the following categories:

• Work Requirements: Occupations such as chefs, butchers, and tradespeople who need knives as part of their job.

• Food Preparation: Using a knife to prepare or eat food in a lawful setting.

• Sport and Recreation: Involvement in legal activities where a knife is necessary, such as fishing or camping.

• Exhibitions or Collections: When legally displaying knives for trade or as part of a collection at a show or event.

• Uniform-Related: If your uniform officially requires a knife (e.g., ceremonial purposes).

• Religious Use: Carrying a knife as part of a religious practice or observance.

What Is Not Considered a Reasonable Excuse?

One of the most important things to note is that self-defence is not accepted as a lawful reason to carry a knife in public. 

Penalties and Legal Process

The law has recently introduced tougher penalties for knife-related offences. While serious cases may lead to prosecution and possible imprisonment, individuals charged for the first time might receive a penalty infringement notice. However, in more serious or repeat offences, cases can be escalated to higher courts, such as the District Court, where stricter outcomes are likely.

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong-Yuan, paralegal.

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