New South Wales Consolidated Acts

CRIMES ACT 1900 - SECT 93FB

93FB Possession of dangerous articles other than firearms

(1) A person who, in a public place, possesses--

(a) anything (not being a firearm within the meaning of the Firearms Act 1996 ) capable of discharging by any means--

(i) any irritant matter in liquid, powder, gas or chemical form or any dense smoke, or

(ii) any substance capable of causing bodily harm, or

(b) a fuse capable of use with an explosive or a detonator, or

(c) a detonator, or

(d) a distress signal, or distress flare, that operates by emitting a bright light,

is liable, on conviction before the Local Court, to imprisonment for 2 years, or a fine of 50 penalty units, or both.

(2) A person is not guilty of an offence under this section for possessing anything referred to in subsection (1) if the person satisfies the court that he or she had a reasonable excuse for possessing it or possessed it for a lawful purpose.

(3) A person is not guilty of an offence under this section for possessing anything referred to in subsection (1) (a) if the person satisfies the court that he or she possessed it for the purpose of self-defence and that it was reasonable in the circumstances to possess it for that purpose.

(4) In considering a defence under subsection (3), the court must have regard to its reasonableness in all the circumstances of the case, including--

(a) the immediacy of the perceived threat to the person charged, and

(b) the circumstances, such as the time and location, in which the thing was possessed, and

(c) the type of thing possessed, and

(d) the age, characteristics and experiences of the person charged.