In NSW, knife laws can apply even if you never threaten anyone. Carrying an ordinary knife in public, selling a knife to a young person and possessing a prohibited type of knife raise different legal questions.
This guide explains the broader rules about carrying, using and selling knives, reasonable excuses and police scanning powers. If you have already been charged with custody of a knife, our section 93IB knife-possession fact sheet focuses on that particular offence.
At a glance: A small or folding blade is not automatically exempt. A reasonable excuse depends on why you had the knife and the circumstances. Carrying it for self-defence is expressly excluded from the reasonable-excuse defence to custody under section 93IB.
Which laws apply to knives in NSW?
Different laws regulate the knife itself, where it is carried, how it is used and who it is sold to. You may need to consider more than one Act.
| Issue | Main provision | What it addresses |
|---|---|---|
| Custody in public or at school | Crimes Act 1900 (NSW), section 93IB | Having a knife in your custody, with a defence if you prove a reasonable excuse. |
| Use or visible carrying causing fear | Crimes Act, section 93IC | Using or visibly carrying a knife in specified circumstances likely to cause reasonable fear for safety. |
| Offensive implements | Summary Offences Act 1988 (NSW), section 11B | Custody without a reasonable excuse of an item made or adapted to injure a person, or intended by its holder to injure or menace a person or damage property. |
| Parents and sales to children | Summary Offences Act, sections 11D and 11F | Knowingly permitting a child’s knife-possession offence and restrictions on sales. |
| Prohibited knives | Weapons Prohibition Act 1998 (NSW) | Permit requirements for specified weapons. |
| Police searches and scans | Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) | Search authority and safeguards, including knife-scanning powers. |
The former custody and wielding offences in sections 11C and 11E of the Summary Offences Act were replaced by sections 93IB and 93IC of the Crimes Act. Older material referring to those repealed provisions may give the wrong penalties or legal test.
Can you carry a pocketknife or work knife?
The Act recognises situations where a knife is reasonably necessary for a lawful activity. The defence is fact-specific, and you carry the burden of proving the reasonable excuse. Section 93IA includes blades within the definition of a knife, subject to any prescribed exclusions.
Under section 93IB, you must not have a knife in your custody in a public place or school without a reasonable excuse. It is up to you to prove that you had a reasonable excuse.
That means a pocketknife, box cutter or work tool should not be treated as unrestricted everyday carry simply because it has a practical use. The question is whether your actual circumstances support the defence.
What counts as a reasonable excuse?
A reasonable excuse depends on why you had the knife and the circumstances. You must prove it. The Act gives examples, but they are not automatic exemptions.
Section 93IB(3) lists examples including:
- Lawful work, education or training.
- Preparing or consuming food or drink.
- Lawful entertainment, recreation or sport.
- The lawful pursuit of the person’s occupation involving the exhibition of knives for retail or other trade purposes, and organised knife-collector exhibitions.
- Wearing an official uniform or genuine religious purposes.
- Travel to, from or incidental to those activities where having the knife is reasonably necessary.
These examples are not a blanket exemption for anyone who works in a trade, goes fishing or owns camping equipment. The activity, timing, journey and reason for having that knife all help explain the circumstances.
Keep relevant records, such as a work roster, course details or evidence of the activity, if police raise an allegation. Get advice before assuming that forgetting a knife was in a bag automatically supplies a defence.
Can you carry a knife for protection?
No. Carrying a knife for protection is not a reasonable excuse under section 93IB. Section 93IB(4) expressly excludes self-defence and defence of another person as reasonable excuses for custody.
A fear of being attacked does not create permission to carry a knife in public. If you are concerned about your safety, seek advice about lawful protective options and call police in an emergency.
What if a knife is displayed or used?
Using a knife or visibly carrying it can raise the separate offence in section 93IC. The conduct must occur in another person’s presence, in a public place or school, in a way likely to cause a reasonable person to reasonably fear for their safety.
Section 93IC also provides a defence if the accused proves a reasonable excuse. The fact that a knife is visible is not the whole legal test; the manner and setting matter.
An item may separately be an offensive implement under section 11B of the Summary Offences Act because of its design, adaptation or intended use. The exact charge should be checked before deciding how to respond.
Are some knives prohibited even at home?
Yes. The NSW Police prohibited-weapons guidance explains that possession and use of weapons listed in Schedule 1 of the Weapons Prohibition Act require an appropriate permit.
The Schedule includes defined types of flick knives, butterfly knives and other knives. Whether an item fits a statutory definition matters more than the name used by a shop or online seller.
A reasonable excuse for carrying an ordinary knife does not itself replace a prohibited-weapon permit. Check the item’s classification before buying it or bringing it into NSW.
What are the rules for children, parents and retailers?
NSW restricts sales to children and can hold a parent responsible for knowingly permitting a child’s knife-possession offence. Buying a knife lawfully and carrying it lawfully are separate questions.
Under section 11F:
- Selling a knife to a child under 16 is an offence.
- Selling a knife to a 16- or 17-year-old is an offence without a reasonable excuse.
- For that older age group, a reasonable excuse includes being satisfied the knife is reasonably required for lawful work, education or training.
- The section contains reasonable-belief-about-age defences, employer-liability rules and provision for prescribed knife exemptions.
The maximum penalty for either sale offence is 100 penalty units, 12 months’ imprisonment, or both. Retailers should check identification and the applicable requirements rather than relying on a young person’s appearance.
Section 11D applies where a parent knowingly authorises or permits a child under 18 to commit an offence under section 93IB. It is not a general offence of allowing a child to use a knife lawfully; the maximum penalty is five penalty units.
When can police scan you for a knife?
Police can require a person to stop for an authorised knife scan without a warrant or individual reasonable suspicion. These powers sit in Part 4A of LEPRA and are different from the usual reasonable-suspicion search powers.
The scheme applies in designated areas, with related public-transport powers. Check NSW Police’s published declarations for the relevant place and period; the mere fact that you are in public does not make every scan authorised under Part 4A.
If a scanner detects metal, police may require the object to be produced and scan you again. Refusing a lawful scanning requirement without a reasonable excuse is an offence.
Section 45O requires the least invasive practicable exercise of the scanning power and limits detention to the time reasonably necessary. Our police powers guide covers broader search and consent rules.
What penalties can apply?
The maximum depends on the charge and the court dealing with it. A statutory maximum is a ceiling, not the expected outcome in every case.
| Offence | Statutory maximum |
|---|---|
| Custody of a knife, section 93IB | 40 penalty units, four years’ imprisonment, or both. |
| Use or visible carrying causing fear, section 93IC | 100 penalty units, four years’ imprisonment, or both. |
| Custody of an offensive implement, section 11B | 50 penalty units or two years’ imprisonment. |
The Judicial Commission’s Local Court penalty table identifies sections 93IB and 93IC as Table 1 offences. They can be dealt with in the Local Court unless an election is made to proceed on indictment. The Local Court’s maximum imprisonment for a single such offence is two years.
Your rights and what you can do now
Check the allegation and preserve evidence of why you had the item. Your explanation should be assessed against the precise law involved.
- Keep the court attendance notice, any bail paperwork and details of the item seized.
- Record why you had the knife, where you were going and the relevant work, training or activity.
- Keep receipts, rosters and messages that support your account.
- Ask police which search or scanning power they rely on, without physically resisting.
- Seek legal advice before an interview or plea.
How could a lawyer help your case?
A lawyer can assess the item’s classification, whether the prosecution can establish the offence and whether a reasonable-excuse defence is available. They can also examine the search, advise on representations to police and prepare your case for court.
If a charge is proved, the available sentence depends on the offence, facts and personal circumstances. Advice should distinguish a defence to the allegation from submissions about the appropriate penalty.
Frequently asked questions
Is there a legal blade length for carrying a knife?
There is no general small-blade exception in section 93IB. Do not assume that a short blade, folding knife or keyring attachment can be carried without a reasonable excuse.
Can a chef or tradesperson take knives to work?
Work and necessary travel can support a reasonable excuse. The knife must be reasonably necessary in the circumstances; an occupation alone does not excuse carrying it everywhere.
Does a knife-scanning area make every knife unlawful?
No. The scanning authority concerns police powers. Whether custody is an offence remains a separate question, including whether a reasonable excuse is established.
How O’Brien Criminal & Civil Solicitors can help
O’Brien Criminal & Civil Solicitors advises on knife allegations, prohibited weapons and police searches. Our firearms and weapons defence lawyers can help you identify the law that applies and prepare your response.
Request initial advice (no-obligation) via the form below or call us on (02) 9261 4281.
This content is for general information purposes only and does not constitute legal advice. You should seek independent legal advice relevant to your specific circumstances.
