Crimes Act 1961

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202A Possession of offensive weapons or disabling substances

(1)

In subsection (4)(a) offensive weapon means any article made or altered for use for causing bodily injury, or intended by the person having it with him or her for such use.

(2)

In subsection (4)(b) offensive weapon means any article capable of being used for causing bodily injury.

(3)

In this section disabling substance means any anaesthetising or other substance produced for use for disabling persons, or intended by any person having it with him or her for such use.

(4)

Every one is liable to imprisonment for a term not exceeding 3 years

(a)

who, without lawful authority or reasonable excuse, has with him or her in any public place any knife or offensive weapon or disabling substance; or

(b)

who has in his or her possession in any place any offensive weapon or disabling substance in circumstances that prima facie show an intention to use it to commit an offence involving bodily injury or the threat or fear of violence.

(5)

It is a defence to a charge under subsection (4)(b) if the person charged proves that he or she did not intend to use the offensive weapon or disabling substance to commit an offence involving bodily injury or the threat or fear of violence.

Compare: 1927 No 35 s 53A(1), (2), (8)–(10); 1976 No 157 s4(1)

Section 202A: inserted, on 1 February 1982, by section 48(1) of the Summary Offences Act 1981 (1981 No 113).

Section 202A(4): amended, on 19 March 2012, by section 8 of the Crimes Amendment Act (No 3) 2011 (2011 No 79).

Section 202A(4)(a): amended, on 1 August 1987, by section 2(1) of the Crimes Amendment Act (No 2) 1987 (1987 No 167).