Prohibited Weapons Act 1989 Prohibited Weapons Further Amendment Regulation 1997 (1997-697) [GG No 149 of 19.12.1997, p 10189] (NSW)

1997 No 697

New South Wales

Prohibited Weapons Further

Amendment Regulation 1997

under the

Prohibited Weapons Act 1989

His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Prohibited Weapons Act 1989.

PAUL WHELAN, M.P.,

Minister for Police

Explanatory note

weapons and prohibited articles without a permit illegal. The object of this Regulation is to add certain weapons, namely trench knives and articles or devices that conceal blades or spikes, to the list of prohibited weapons in the Act, and more accurately describe a number of weapons that are already listed as prohibited weapons in the Act. This Regulation also clarifies the description of body armour vests as a prohibited article under the Prohibited Weapons Regulation 1997.

The Prohibited Weapons Act 1989 makes the use or possession of prohibited sections 3 (1) and (4) and 20 (the general regulation making power).

Published in Gazette No 149 of 19 December 1997, page 101 89 Page 1

1997 No 697

Clause 1 Prohibited Weapons Further Amendment Regulation 1997

Prohibited Weapons Further Amendment

Regulation 1997

1 Name of Regulation

This Regulation is the Prohibited Weapons Further Amendment
Regulation 1997.

2 Amendment of Prohibited Weapons Act 1989 No 26

The Prohibited Weapons Act 1989 is amended as set out in

Schedule 1 .

3 Amendment of Prohibited Weapons Regulation 1997

The Prohibited Weapons Regulation 1997 is amended as set out

in Schedule 2.

4 Notes

The explanatory note does not form part of this Regulation.

1997 No 697

Prohibited Weapons Further Amendment Regulation 1997

Amendment of Prohibited Weapons Act 1989	Schedule 1
Schedule 1	Amendment of Prohibited Weapons Act 1989

(Clause 2)

[1]       Schedule 1 Prohibited weapons

Insert “(being the length of the spear gun when it is not loaded with a spear)” after “length” in item (13).

Schedule 1, item (14)

Omit the item. Insert instead:

(14) An article or device commonly known as a crossbow, or any other article or device consisting of a bow fitted transversely on a stock that has a groove or barrel designed to direct an arrow or bolt.

Schedule 1, item (17)

Omit the item. Insert instead:

(17) A walking stick or walking cane containing a sword or any other single-edged or multi-edged blade or spike, regardless of the length of the blade or spike and regardless of the material from which the blade or spike is made.

Schedule 1, item (18)

Omit the item. Insert instead:

(18) A tiding crop containing a knife, stiletto or any other single-edged or multi-edged blade or spike, regardless of the length of the blade or spike and regardless of the material from which the blade or spike is made.

1997 No 697

Prohibited Weapons Further Amendment Regulation 1997

Schedule 1 Amendment of Prohibited Weapons Act 1989

[5]        Schedule 1, item (19)

Omit “similar device”. of administering an electric shock on contact”.

Schedule 1, item (20)

Omit “similar device”. or multi-edged blade or spike that has a handle fitted transversely to the blade or spike and allows the blade or spike to be supported by the palm of the hand so that stabbing blows or slashes can be inflicted by a punching or pushing action”.

Schedule 1, item (21)

Omit the item. Insert instead: 

(21) A device commonly known as a butterfly knife or “balisong”, or any other device that consists of a single-edged or multi-edged blade or spike that fits

within two handles attached to the blade or spike by

transverse pivot pins and is capable of being opened by

gravity or centrifugal force.

Schedule 1, item (22)

Omit the item. Insert instead:

(22) A device commonly known as a star knife, or any other device that consists of a number of angular points, blades or spikes disposed outwardly about a central axis point and that are designed to spin around the central axis point in flight when thrown at a target.

1997 No 697

Prohibited Weapons Further Amendment Regulation 1997

Amendment of Prohibited Weapons Act 1989 Schedule 1

[9]        Schedule 1, item (23)

Omit the item. Insert instead:

(23) A device commonly known as a flame thrower that is of military design, or any other device that is capable of projecting an ignited incendiary fuel.

[10] Schedule 1, item (26)
Omit the item. Insert instead:

(26) An article known as “The Bowen Knife Belt”, or any other article or device consisting of a belt or belt buckle that conceals or disguises within the article or device a knife or a single-edged or multi-edged blade or spike, regardless of the length of the blade or spike, and regardless of the material from which the blade or spike is made.

[11]     Schedule 1, item (28)

Omit “made or”. fitted over the knuckles of the hand of the user to protect the knuckles and increase the effect of a punch or other blow, or that is”.

[12]   Schedule 1, item (29)

Omit the item. Insert instead:

(29)	An article or device commonly known as a sap glove, or
any other article or device that consists of a glove (including a fingerless glove) that has a layer of powdered lead sewn under the outer covering and positioned over the knuckle area on the back of the glove.

1997 No 697

Prohibited Weapons Further Amendment Regulation 1997

Schedule 1 Amendment of Prohibited Weapons Act 1989

[13] Schedule 1, item (30)

Omit the item. Insert instead:

(30) An article or device commonly known as a studded glove, or any other article or device that consists of a glove (or a fingerless glove) that has a number of raised studs or spikes made of a hard substance and positioned over the back of the glove.

[14] Schedule 1, item (31A )
Omit the item. Insert instead:

(31A) Any article or device commonly known as a blow-pipe or blow-gun and is capable of projecting a dart, or any other article or device which consists of a pipe or tube through which missiles in the form of a dart are capable of being projected by the exhaled breath of the user or by any other means other than an explosive.

[15] Schedule 1, item (33)
Omit the item. Insert instead:

(33)	An article or device commonly known as a mace, or any
other article or device that consists of a club or staff fitted with a flanged or spiked head, other than a ceremonial mace made for and used solely as a symbol
of authority on ceremonial occasions.

[16]     Schedule 1, item (34) Omit the item. Insert instead:

(34) An article or device commonly known as a flail, or any article or device that consists of a staff or handle that has fitted to one end, by any means, a freely swinging striking part that is armed with spikes or studded with any protruding matter.

1997 No 697

Prohibited Weapons Further Amendment Regulation 1997

Amendment of Prohibited Weapons Act 1989 Schedule 1

Schedule 1, item (36)

Omit the item. Insert instead:

(36) An article or device commonly known as a cat-0’-nine-tails, or any other whip that consists of a handle to which there is attached any number of knotted lashes.

Schedule 1, item (37)

Omit the item. Insert instead:

(37) An article or device commonly known as kung fu sticks or “nunchaku”, or any other article or device consisting of two or more sticks or bars made of any material that are joined together by any means that allows the sticks or bars to swing independently of each other.

Schedule 1, item (39)

Omit the item. Insert instead:

(39) An article or device commonly known as a side-handed baton, or any other article or device consisting of a baton, staff or rod that is made of any hard substance and has fitted to one side a handle, whether or not that handle

is permanently fixed.

Schedule 1, items (42) and (43)

Insert after item (41):

(42) Any article or device commonly known as a trench knife, or any other article or device that consists of a single-edged or multi-edged blade or spike that is fitted with a handle made of any hard substance that can be fitted over the knuckles of the hand of the user to protect those knuckles and increase the effect of a punch or blow, or which is adapted for such use.

1997 No 697

Prohibited Weapons Further Amendment Regulation 1997

Schedule 1 Amendment of Prohibited Weapons Act 1989

(43) Any article or device that:

(a)	due to its appearance is capable of being mistaken for another article or device that is not a weapon, and
(b)	disguises and conceals within it a single-edged or multi-edged blade or spike, regardless of the length of the blade or spike, and regardless of the material from which the blade or spike is made.

1997 No 697

Prohibited Weapons Further Amendment Regulation 1997

Schedule 2 Amendment of Prohibited Weapons
Regulation 1997

(Clause 3 )

Clause 11 Additional prohibited articles: section 3

Insert “or any other anti-ballistic article capable of being worn on any part of the body (except those used for eye or hearing protection)” after “body armour vests”.