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The following information is provided so that you are up to date on the law and
discussions about it. It is not legal advice, company policy or opinion.
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In a letter from the Attorney General's Department
dated 28 Jan 1999
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Quoting from the letter
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| The Summary Offences Amendment Act 1997 increased the maximum penalty for the
offence of having custody of an offensive implement in a public place, including
a school, to imprisonment for two years or a $5,500 fine.
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The Act introduced two knife related offences.
The first offence relates to the wielding of a knife in the presence of another
person in a public place or a school.
The second offence, which came into effect on 1 May 1998, relates to a prohibition
on the sale of a knife or knife blade of the kind prescribed in the regulations,
to a child under the age of 16 years.
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| The Government has also introduced the Crimes Legislation Amendment (Police and Public Safety)
Act 1998 to further amend the Summary Offences Act 1998 to make it an offence for a person
to have custody of a knife in a public place or a school without a reasonable excuse
and to give police officers powers for public protection in public places and schools.
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In a letter from Ian McManus
Parliamentary Secretary to the Minister for Police
dated 5 Mar 1999
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Quoting from the letter
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The Act specifies a number of reasonable excuses for having custody of a knife.
This does not limit any other reasonable excuse that a person might have
although self defence or defence of another person is not a reasonable excuse
for having custody of a knife.
Under the Act it is a reasonable excuse for a person to have custody of a knife,
if the custody is reasonably necessary in all circustances for any of the following:-
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