South Australian Current Acts South Australian Current Acts21C—Offensive weapons and dangerous articles etc
(1) A person who,
without lawful excuse—
(a)
carries an offensive weapon or an article of disguise; or
(b) has
possession of an implement of housebreaking,
is guilty of an offence.
Maximum penalty: $2 500 or imprisonment for 6 months.
(2) A person who,
without lawful excuse—
(a)
manufactures, sells, distributes, supplies, or otherwise deals in,
dangerous articles; or
(b) uses
or has possession of a dangerous article,
is guilty of an offence.
Maximum penalty: $7 500 or imprisonment for 18 months.
(3) A person who,
without lawful excuse, carries an offensive weapon or dangerous article at
night while in, or while apparently attempting to enter or leave—
(a)
licensed premises; or
(b) a
carparking area specifically or primarily provided for the use of patrons of
the licensed premises,
is guilty of an offence.
Maximum penalty: $10 000 or imprisonment for 2 years.
(4) It is a defence to
prosecution for an offence against subsection (3) to prove that—
(a) if
the charge relates to the defendant's being in, or apparently attempting to
enter or leave, licensed premises—the defendant did not know and had no
reason to believe that the premises were premises of a kind where liquor was
sold or supplied; or
(b) if
the charge relates to the defendant's being in, or apparently attempting to
enter or leave, a carparking area specifically or primarily provided for the
use of patrons of the licensed premises—the defendant did not know and
had no reason to believe that the area was such a carparking area.
(5) If on the trial of
a person for an offence against subsection (3) the court is not satisfied
that the person is guilty of the offence charged, but is satisfied that the
person is guilty of an offence against subsection (1) or (2), the
court may find the person guilty of the offence against subsection (1)
or (2).
(6) A person (being a
person who is otherwise entitled to do so) must not use or have possession of
a dangerous article unless he or she does so in a safe and secure manner.
Maximum penalty: $1 250 or imprisonment for 3 months.
(7) A person who,
without lawful excuse—
(a) uses
an offensive weapon; or
(b)
carries an offensive weapon that is visible,
in the presence of any person in a school or public place in a manner that
would be likely to cause a person of reasonable firmness present at the scene
to fear for his or her personal safety, is guilty of an offence.
Maximum penalty: $10 000 or imprisonment for 2 years.
(8) For the purposes
of an offence against subsection (7), no person of reasonable firmness
need actually be, or be likely to be, present at the scene.
(9) If on the trial of
a person for an offence against subsection (7), the court is not
satisfied that the person is guilty of the offence charged, but is satisfied
that the person is guilty of an offence against subsection (1)(a), the
court may find the person guilty of the offence against
subsection (1)(a).