Police Regulations Amendment (Edged Weapons and Move On Orders) Regulations 2024 (WA)

Western Australia

Criminal Investigation Act 2006 Weapons Act 1999

Police Regulations Amendment (Edged Weapons and Move On Orders) Regulations 2024

Western Australia

Police Regulations Amendment (Edged Weapons and Move On Orders) Regulations 2024 Contents Criminal Investigation Act 2006 Weapons Act 1999

Criminal Investigation Act 2006 Weapons Act 1999

Police Regulations Amendment (Edged Weapons and Move On Orders) Regulations 2024

Made by the Governor in Executive Council.

Part 1 – Preliminary1.Citation

These regulations are the Police Regulations Amendment (Edged Weapons and Move On Orders) Regulations 2024.

2.Commencement

These regulations come into operation as follows —

• (a)

  Part 1 — on the day on which these regulations are published on the WA legislation website;

• (b)

  the rest of the regulations — on 20 December 2024.

Part 2 – Criminal Investigation Regulations 2007 amended3.Regulations amended

This Part amends the Criminal Investigation Regulations 2007.

4.Schedule 1 amended

Delete Schedule 1 Form 1A.

Part 3 – Weapons Regulations 1999 amended5.Regulations amended

This Part amends the Weapons Regulations 1999.

6.Regulation 3 amended

In regulation 3 in the definition of approved electric shock case delete “referred to” and insert:

of the kind described

7.Regulation 5A inserted

After regulation 5 insert:

5A. Edged weapons prescribed (Act s. 3A) (Sch. 3)

For the purposes of the definition of edged weapon in section 3A of the Act, an article described in Schedule 3 is an edged weapon.

8.Regulation 6 amended

• (1)

  Before regulation 6(1) insert:

   
• (1A)

  A briefcase or suitcase of the kind described in subregulation (1) is prescribed for the purposes of section 5A(2) of the Act.

   
• (2)

  In regulation 6(1):

  • (a)

    delete “suitcase —” and insert:

     

  suitcase that —

   
  • (b)

    in paragraph (a) delete “made” and insert:

     

  is made

   
  • (c)

    in paragraph (b) delete “that is, or” and insert:

     

  is, or

   
  • (d)

    delete the passage that begins with “Government” and continues to the end of the subregulation and insert:

     

  Gazette.

   
• (3)

  Delete regulation 6(2) and insert:

   
• (2)

  For the purposes of section 5A(2) of the Act, a person may carry or possess an approved electric shock case if the person carries or possesses it for the purpose of it being used in lawful defence in circumstances that the person has reasonable grounds to apprehend may arise.

   

Note: The heading to amended regulation 6 is to read:

Approved electric shock cases may be used for defence (Act s. 5A(2))

9.Regulation 7 replaced

Delete regulation 7 and insert:

7. Capsicum spray weapons may be used for defence (Act s. 5A(2))

For the purposes of section 5A(2) of the Act, a person may carry or possess a capsicum spray weapon if the person carries or possesses it for the purpose of it being used in lawful defence in circumstances that the person has reasonable grounds to apprehend may arise.

10.Regulation 10 amended

In regulation 10 after “section 6,” insert:

6A,

Note: The heading to amended regulation 10 is to read:

Prison officers and other authorised persons excepted from Act s. 6, 6A, 7 and 8

11.Regulation 12 amended

In regulation 12 after “section 6,” insert:

6A,

Note: The heading to amended regulation 12 is to read:

Federal and interstate police officers excepted from Act s. 6, 6A, 7 and 8

12.Regulation 12A amended

In regulation 12A(2) after “section 6,” insert:

6A,

Note: The heading to amended regulation 12A is to read:

Aviation and maritime security inspectors excepted from Act s. 6, 6A, 7 and 8

13.Schedule 1 amended

In Schedule 1 items 5, 7 and 13 delete “(e.g.” and insert:

(for example,

14.Schedule 2 amended

• (1)

  Delete Schedule 2 items 5, 6, 8, 9 and 10A.

• (2)

  In Schedule 2 item 11 delete “(e.g.” and insert:

   

(for example,

• (3)

  Delete Schedule 2 items 13 and 14 and insert:

   

13. Pronged weapon An article with 2 or more prongs and no sharp edges, made or modified to be used to injure or disable a person or as a martial arts weapon (for example, the martial arts weapons known as the sai and jitte).

• (4)

  In Schedule 2 items 15 and 18 delete “(e.g.” and insert:

   

(for example,

• (5)

  Delete Schedule 2 items 19 to 21.

• (6)

  In Schedule 2 item 22 delete “(e.g.” and insert:

   

(for example,

15.Schedule 3 inserted

After Schedule 2 insert:

Schedule 3 — Edged weapons

[r. 5A]

Item	Article	Description
1.	Dagger	Any dagger including a bayonet.
2.	Halberd	An article (other than a spear) consisting of a stick or pole with a blade at the end made or modified to be used to injure or disable a person or as a martial arts weapon (for example, the martial arts weapon known as the naginata).
3.	Hand or foot claws	An article consisting of claws that are made or modified to be attached to or worn on the hands or feet (for example, the martial arts weapons known as the ninja climbing claws, ninja hand claws and ninja foot claws).
4.	Sword	Any sword (for example, the martial arts weapons known as the butterfly sword, katana, wakizashi and tanto).
5.	Throwing blade or knife	A blade or knife made or modified to be thrown, including an article consisting of a blade attached to a cord, rope or chain to enable the blade to be thrown and retrieved (for example, the martial arts weapon known as the shoge, ninja kyokeysu shoge or kyotetsu shoge).
6.	Throwing star	A sharpened, star‑shaped article made or modified to be thrown (for example, the martial arts weapon known as the shuriken or shaken), including a throwing star attached to a belt buckle.

Note: The headings to the regulations listed in the Table are to read as set out in the Table.

Table

Regulation	Regulation heading
r. 9	Certain collectors and others excepted from Act s. 6(1)(a) to (c) in relation to specified prohibited weapons
r. 11	Certain people excepted from Act s. 6 in relation to blow pipes
r. 13	People connected with dramatic productions excepted from Act s. 6
r. 14	Exempt arbalests and others excepted from Act s. 6 in relation to crossbows in certain circumstances

K. COLLERAN, Clerk of the Executive Council