Is pepper spray legal or illegal in Australia?
Have you ever wandered home late and wondered whether you should get pepper spray in case you need to protect yourself against thieves? That’s what they do in the movies and so you think so should you. Well believe it or not, pepper spray is illegal in most parts of Australia. In NSW for example it is considered a “prohibited weapon” under the Weapons Prohibition Act 1998 (NSW) (Act). If you want to possess or use pepper spray, then you will require a valid permit which is generally only issued if there is a genuine reason for possessing it.
An example of a person that would be allowed to have a permit to carry pepper spray would be police officers or security guards however this is only legal in some states.
If you are wondering whether you are allowed to buy pepper spray in Australia, well you are not allowed unless you are in Western Australia. WA is the only state that pepper spray is legal to buy and own. Pepper spray is considered a controlled weapon which essentially means its restricted but legal. In order states it is a crime to buy, sell or manufacture pepper spray unless you have a permit to do so.
Is pepper spray legal in NSW?
It is illegal to possess, use or carry a pepper spray in NSW unless you have a permit and it’s being used in compliance with the permit. Even though you may have a permit, it is still illegal to possess, carry or use a pepper spray unless you are using it for the genuine reason that you were originally issued a permit for.
If you are caught possessing or using pepper spray then this is an offence that carries a maximum penalty of 14 years imprisonment, under the Act.
If you have a permit to carry pepper spray, it will still be a crime to use or carry one if you do so for any purpose other than the purpose that was established as being the genuine reason for having or using it, or if you breach any of the permit conditions.
If you would like to make an application for a permit, you must make that application to the Commissioner. The Commissioner has strict requirements for approving your application. The Commissioner will not approve your application if the reason for the permit is purely for self-defence according to section 11 of the Act. Nevertheless, if you do use the pepper spray without a permit when you are using it for self-defence, you can still have a successful defence as long as it was used to protect yourself and it was a reasonable response.
Is pepper spray legal in VIC?
It is illegal to carry or use pepper spray in Victoria unless you have an exemption. If you are caught carrying or using pepper spray, the maximum penalty is 2 years imprisonment or 240 penalty units under section 5AA of the Control Weapons Act 1990 (Vic). Pepper spray is considered a “prohibited weapon” listed in the list of prohibited weapons.
Is pepper spray legal in QLD?
It is illegal to possess or use a pepper spray unless you have a valid license and registration. The maximum penalty is 2 years imprisonment or 100 penalty units if you acquire a pepper spray without a valid permit (section 35 Weapons Act 1900 (Qld)).
In order to be issued with a license in Queensland, you need to show a genuine reason for possessing pepper spray. Genuine reasons for possessing a pepper spray could be for sports or shooting, recreational, occupational, collection or study of weapons.
Is pepper spray legal in WA?
Pepper spray is legal in WA and is classified as a controlled weapon which means, pepper spray in WA is legal if it is being carried or used for the purposes of self-defence. This means that whilst you are wandering home late at night, you may have reasonable grounds for carrying pepper spray.
Is pepper spray legal in SA?
It is illegal to possess or use pepper spray in South Australia as it is considered a “dangerous article” unless you have a lawful excuse. The penalty is 18 months imprisonment or a $7,500 fine (section 21C(2) Summary Offences Act 1953 (SA)). If you commit this offence while in a licensed premises, the maximum penalty is 2 years imprisonment or up to $10,000 fine (section 21C(3) Summary Offences Act 1953 (SA)).
Is pepper spray legal in TAS?
It is illegal to have or use a pepper spray in a public place without a lawful excuse because a pepper spray is considered a “dangerous article” as per section 15C(1) Police Offences Act 1935 (Tas). The maximum penalty of up to 2 years imprisonment and/or 50 penalty units. You cannot carry pepper spray simply to be used for self-defence. However, police officers can carry pepper spray as long as they are acting in the performance of their duties. The other exception is a person who has been excluded in writing by the Commissioner (section 15C(1A) Police Offences Act 1935 (Tas)).
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