Carrying a knife for personal protection might seem like a way to feel safer when walking alone or travelling at night. However, in New South Wales, carrying a knife in public for self-defence is not a lawful excuse under the law.
Even if you are worried about becoming a victim of crime, having a knife in your possession can expose you to criminal charges. The consequences may be more serious if you use the knife or carry it visibly in circumstances likely to make another person fear for their safety.
Understanding NSW knife laws is important if you are concerned with personal safety, have been stopped by the police or have been charged with possessing a knife.
Is it legal to carry a knife for self-defence in NSW?
No. Carrying a knife for self-defence is not a reasonable excuse under NSW law.
Section 93IB of the Crimes Act 1900 (NSW) makes it an offence to have a knife in your custody in a public place or school without a reasonable excuse.
Section 93IB (4) specifically provides that having a knife for self-defence, or to defend another person, is not a reasonable excuse.
This means that carrying a knife because you are worried about being attacked does not, by itself, provide a legal defence to a charge of possessing a knife in public.
The law applies regardless of whether you intend to use the knife or whether you have previously been threatened. Your reasons for carrying it may be relevant to the broader circumstances, but self-defence is expressly excluded as a reasonable excuse under this provision.
What are the knife laws in NSW?
There are several offences involving knives in NSW. The applicable offence depends on the circumstances, including whether a person simply possesses a knife or uses or carries it visibly in a way that causes others to fear for their safety.
- Possessing a knife in a public place or school
Under section 93IB of the Crimes Act 1900 (NSW), a person must not have a knife in their custody in a public place or school unless they have a reasonable excuse.
A knife includes a blade, with the legislation also covering razor blades. The definition is not limited to large or conventional kitchen knives.
The maximum penalty under section 93IB is 40 penalty units ($4,400) or four years’ imprisonment, or both. The maximum penalty available will depend on the offence and the court dealing with the matter
Examples of circumstances that may raise questions under this provision include carrying a knife in a backpack while travelling through a shopping precinct, having a blade in your pocket while walking through a public park, or keeping a knife on you because you believe you may need it to protect yourself.
The circumstances matter, but simply saying that you carried the knife for protection does not establish a reasonable excuse.
- Using or visibly carrying a knife in public
Section 93IC of the Crimes Act 1900 (NSW) addresses the use of a knife, or carrying a visible knife, in a public place or school in the presence of another person where the conduct is likely to cause a reasonable person to reasonably fear for their safety.
This is a separate offence from simply having a knife in your custody.
For example, displaying a knife during a confrontation or using it to threaten another person may raise issues under section 93IC, depending on the circumstances.
The maximum penalty is 100 penalty units ($11,000) or four years’ imprisonment, or both. A reasonable excuse defence is available under the provision, but whether it applies will depend on the facts and applicable law.
The distinction is important: a person may face a charge for possessing a knife in public even if they never display it, while conduct involving a visible knife and an apparent threat to another person’s safety may raise additional legal consequences.
What counts as a reasonable excuse for carrying a knife?
Section 93IB recognises several circumstances in which carrying a knife may be reasonably necessary. The list is not exhaustive, and the circumstances must be considered carefully.
Examples include having a knife because it is reasonably necessary for:
- Work: such as where a knife is required for a person’s lawful occupation.
- Education or training: where carrying the knife is reasonably necessary for the relevant activity.
- Preparing or consuming food: for example, where a knife is needed for a picnic or another appropriate food-related activity.
- Lawful recreation or sport: such as activities involving camping, fishing or other genuine recreational pursuits.
- Religious observance: where a knife is carried for genuine religious purposes.
- Travel to or from an eligible activity: where carrying the knife is reasonably necessary during the journey or incidental to the activity.
These examples do not mean that a person can carry any knife anywhere simply because they have a work, recreational or religious reason. The circumstances must support the claimed excuse, including why possession was reasonably necessary.
Importantly, self-defence and the defence of another person are expressly excluded as reasonable excuses under section 93IB(4).
What if you carry a knife because someone has threatened you?
Being threatened or feeling unsafe can be frightening, particularly if you believe you may be attacked while travelling to work, walking home or using public transport.
However, carrying a knife in anticipation of a possible confrontation is not a lawful excuse under section 93IB.
If someone has threatened you, it is important to distinguish between carrying a weapon in advance for protection and responding to an immediate incident.
Depending on the circumstances, options may include reporting threats to police, seeking legal advice about protective orders or making arrangements to avoid further contact with the person involved.
If an immediate threat arises, the law concerning self-defence may be relevant to the conduct you undertake in response. That is a separate question from whether you were legally entitled to carry a knife before the incident occurred.
You should not assume that being threatened automatically makes carrying a knife lawful.
Can you use a knife in self-defence if someone attacks you?
NSW law recognises self-defence in certain circumstances, but this does not give a person a general right to carry a knife for protection.
Section 418 of the Crimes Act 1900 (NSW) provides that a person is not criminally responsible for conduct carried out in self-defence if:
- The person believed the conduct was necessary to defend themselves or another person, prevent or end an unlawful deprivation of liberty, protect property in specified circumstances, or prevent criminal trespass; and
- The conduct was a reasonable response in the circumstances as the person perceived them.
Whether self-defence applies depends on the particular facts, including what the person believed was happening and whether their response was reasonable in the circumstances as they perceived them.
For example, if a person is attacked, the law may require consideration of the threat they perceived and the response they used. It does not follow that using a knife will automatically be regarded as lawful.
The use of a knife may cause serious injury and can lead to criminal charges. Even where a person claims they were defending themselves, the legality of their conduct must be assessed against the applicable law.
The key distinction is that a possible self-defence argument regarding conduct during an attack does not, in the first place, make carrying a knife in public for self-defence lawful.
Can police stop and scan you for a knife in NSW?
Yes. NSW police have powers to use handheld metal detectors, commonly called wands, in certain designated areas under Part 4A of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW).
These powers allow police to conduct scans in designated areas without first having reasonable suspicion that a particular person possesses a knife. However, the powers are subject to statutory requirements and restrictions.
A wanding operation is not the same as a general power to search someone. The legal basis for any further search must be considered separately, and police must comply with the requirements governing the powers they exercise.
The circumstances in which a scan can occur, the applicable procedures and the status of any designated area should be checked against the legislation and relevant police information.
If police find a knife during a scan, the circumstances may lead to further enquiries or a search where a lawful basis exists. Whether an offence has been committed will depend on the facts, including the location, the nature of the knife and whether a legally recognised excuse applies.
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