Knife Laws in Australia: New South Wales and Victoria (2026)

Carrying a knife in public without a reasonable or lawful excuse is a criminal offence in both New South Wales and Victoria, and the onus falls on the person carrying it to establish the excuse. This page covers what has been verified against the current legislation in these two states.

Jurisdiction scope: This page addresses knife-carrying and knife-sale law in New South Wales and Victoria only, verified 21 July 2026. Every Australian state and territory has its own separate weapons or summary offences legislation covering knives, and this page does not describe, and should not be read as describing, the law in any jurisdiction other than these two. It is general legal information, not legal advice, and it does not tell a reader that carrying a specific knife in specific circumstances is lawful.

New South Wales: Offensive Implement Under Section 11B

Summary Offences Act 1988 (NSW) s 11B makes it an offence to have, without reasonable excuse, "custody" of an offensive implement in a public place or a school. The maximum penalty is 50 penalty units or imprisonment for 2 years. Critically, the onus is on the person in possession to prove the excuse, not on the prosecution to disprove it. Section 11B(3) defines "offensive implement" broadly, as "(a) anything made or adapted for use for causing injury to a person, or (b) anything intended, by the person having custody of the thing, to be used to injure or menace a person or damage property." A folding knife carried habitually, without any specific reasonable excuse for having it in that place at that time, can fall within this offence even where the knife itself is an otherwise ordinary tool.

NSW previously had a knife-specific offence, at s 11C, setting out a statutory list of lawful excuses tailored to knives. That provision was repealed in 2023. Knives in NSW now fall under the same general "reasonable excuse" standard in s 11B that applies to any other offensive implement, together with the general lawful-authority defence in s 12 of the same Act, rather than under a separate, knife-specific list of excuses.

NSW also regulates the sale of knives to minors. It is an offence under s 11F to sell a knife to a child under 16. A separate, narrower offence applies to selling a knife to a 16 or 17 year old, subject to a limited reasonable-excuse defence covering things like a lawful occupation or a course of education or training that requires the knife.

Victoria: Controlled Weapon Under Section 6

Control of Weapons Act 1990 (Vic) s 6(1) makes it an offence to possess, carry or use a controlled weapon, a category that includes most knives other than a disposable eating knife made of plastic, bamboo or wood, without lawful excuse. The penalty is 120 penalty units or imprisonment for 1 year, rising to 240 penalty units or 2 years under s 6(1A) if the person is in or near licensed premises. Section 6(3) sets out what counts as a lawful excuse: the pursuit of a lawful occupation, duty or activity; participation in a lawful sport, recreation or entertainment; and the legitimate collection, display or exhibition of weapons. It then states expressly that lawful excuse "does not include for the purpose of self-defence." Section 6(2) separately requires that even a weapon carried for a genuine lawful excuse must be carried in a safe and secure manner consistent with that excuse.

Victoria also prohibits selling a controlled weapon to a child, and a child from purchasing one, under s 6(1AA)-(1AB), with a flat under-18 threshold rather than the NSW-style split between under-16 and 16-17 year olds.

What the Two States Have in Common

Despite different statutory language, NSW and Victoria share the same underlying structure: possession of a knife in public is not automatically an offence, but it becomes one the moment the person cannot point to a specific, genuine reason for having it in that place at that time, and in both states the burden of proving that reason falls on the person found with the knife, not on the prosecution to disprove it. Neither state accepts "I might need it" or "for protection" as satisfying that burden; NSW's general reasonable-excuse standard does not treat an intention to injure or menace a person as reasonable, and Victoria's s 6(3) rules self-defence out expressly. This page does not, and cannot, tell a reader that carrying a specific knife in specific circumstances falls within either state's lawful excuse; that assessment depends on the exact facts and is ultimately a matter for a court if the person is charged.

See how police can search for weapons like knives without a warrant in police wanding powers in Australia, and how items are classified as prohibited weapons more generally in prohibited weapons in Australia. For the full cluster, see the Australia weapons law hub.

This page provides general legal information about knife-carrying and knife-sale law in New South Wales and Victoria, verified 21 July 2026. It does not address any other Australian jurisdiction, and it is not legal advice about whether carrying a specific knife in specific circumstances is lawful. For advice about a specific item or charge, consult a legal practitioner admitted in the relevant Australian state or territory, or contact the police service in that jurisdiction.