Is it Legal to Carry a Pocket-Knife in Queensland?
The knife laws in Queensland are a mess. Although that is not a new problem, they are about to be applied to many more unsuspecting people. A new law will allow anyone in public to be stopped and searched for knives, without any reason, suspicion or warrant.
Pocket knives of some types may be lawfully carried in public for their normal utility purposes.
But the law does not use the words “pocket knife”.
Instead, it says “a pen knife or swiss army knife”.[1] Neither of those terms is defined.
We can be reasonably sure a pen knife is a folding knife.
But we do not know how big it can be.[2]
We can be sure that it must be pulled open, not sprung, “flicked”, or opened by gravity when released. [3]
Doubts may arise if it can be opened with one hand. But the rule against one handed operation does not apply to all knives.[4]
How it closes may also matter. If the blade locks into the open position and must be unlocked before it can be closed, then perhaps it is not a pen knife.[5]
Queensland seems to be the only Australian jurisdiction to maintain a general pocket knife permission.[6] It is similar to, but less defined than, a pocket knife permitting law in England and Wales. [7]
[1] Example 2 for subsection 2(d), Section 51 Weapons Act 1990 (Qld)
[2] Compare with the law in England and Wales which provides a certain answer so that everyone knows where they stand. There, it is lawful to carry a folding knife with a blade up to 3 inches. This would be a sensible provision to adopt in Queensland.
Section 139 Criminal Justice Act 1988
[3] Flick knives, butterfly knives, and gravity knives are prohibited weapons in Category M which cannot be possessed in any place, even a private home, without a licence; section 50 Weapons Act 1990 (Qld); section 7A Weapons Categories Regulation 1997 (Qld)
[4] Category M prohibited weapons also include (b) any knife so designed or constructed so as to be used as a weapon that while the knife is held in 1 hand, the blade may be released by that hand.
Crucial words in that definition are “designed or constructed so as to be used as a weapon”. For example, a Stanley knife or box cutter is designed as a utility tool. It is not a prohibited weapon (nor is it – probably – a pen knife or swiss army knife).
But the application of that principle to many knives will be uncertain and confusing.
For example, the knife pictured has a lug to assist with one handed opening. But many people may not realise that is a function of the lug. This knife comes with other features to assist with escaping from a motor vehicle in an emergency. It is marketed as useful for that purpose. The submission could be made that one-handed operation is a feature that is likely to be useful in that situation.
See the explanation in this police information sheet.
[5] Cases in England decided that a knife which locks in the open position is not a “folding pocket knife” (despite Parliament choosing to omit a reference to locking from an earlier version of the Bill).
The reasoning for that decision is a bit odd. We can see how a locked blade is safer for the carrier to use as a weapon in a stabbing action. There is less risk that the blade will fold and cut the fingers of the person holding the handle. But for the same reason, a locked blade is safer to use as a tool to prod and poke with.
R v Deegan [1998] EWCA Crim 385
Harris v DPP [1993] 1 All ER 562; [1993] 1 WLR 82; (1992) 96 Cr App R 235; (1992) 157 JP 205
A knife with a broken, not functioning, locking mechanism was considered in a Scottish case. The knife was held to be a folding pocket knife; McAuley v Procurator Fiscal [2003] ScotHC 48
[6] Queensland’s law seems to allow the carrying of a pen knife at all times and in nearly all places for its normal utility purposes, as and when it might be needed. However, some police officers in Chinchilla did not interpret it that way and charged an agricultural worker for having a pocket knife on his belt as he was leaving a pub. The police officers contended that because he was not at work, or commuting from work, that he did not have a reasonable excuse.
In our view, the charge could almost certainly have been defended. But in this case, the worker pleaded guilty at his first court appearance.
New South Wales
Victoria – Section 6 Control of Weapons Act 1990 (Vic)
Tasmania
Australian Capital Territory
South Australia
Western Australia
Section 6A Weapons Act 1999 (WA) – see also s.5A and s.10 re lawful excuse
Northern Territory
Section 7 Weapons Control Act 2001 (NT)
[7] In Wales and England, it is lawful to carry a folding knife with a blade up to 3 inches. If Queensland adopted that clearer rule, it would be wise also to clarify the “lock knife” question (see footnote 5). We would suggest that a folding pocket knife with a blade which locks in either the open or closed position should be lawful.
Section 139 Criminal Justice Act 1988
Thank you for the most factual article I’ve seen so far on this topic. One question: you say “We can be sure that it must be pulled open”, but in the case of many box cutters and flipper knives, the blade is pushed open not pulled open. If we take the definition from England and Wales, Switchblades and Flick knives are operated from a device on the handle, whereas with a flipper, like the one you have pictured, you push on a tab that is a part of the blade.
I believe in the Chinchilla case, when questioned by police the person said the knife was for work purposes, rather than for normal utility purposes.
Thanks Nigel, Bear in mind that there are several different reasonable excuses. This post focusses only on the pen-knife and Swiss army knife example given in the Act.
Box cutters and Stanley knives are probably not pen-knives, nor Swiss army knives, because the blade is pushed. That at least is my prediction of how a Court would classify them. The point has not been decided by any Queensland Court. There will be occasions on which box cutters and Stanly knives can be lawfully carried, but not under the pen-knife rule.
The definition of a Category M weapon does not distinguish between one-handed opening mechanisms. Whether the blade is opened by a button on the handle or a lug on the blade itself is not a point of difference expressly recognised by the Regulation. It would be unsafe to carry a flipper knife with this sort of lug. A Court might well hold it to be a Category M weapon.
The lug on the blade feature could be relevant to a legal argument about whether the knife is designed to be used as a weapon. If I were defending a charge for this knife, I would submit that it is a feature designed to enhance the usefulness of the knife in the emergency, sinking car situation for which it is advertised – so not manufactured or designed for use as a weapon. But in the absence of any precedent cases in Queensland, I could not be sure that submission would be accepted. The safest course would be to not carry a knife with that sort of lug. And to carry a smaller knife.
As to the man in Chinchilla, even if he said to the police that the knife was for work purposes, that would not exclude the possibility that he kept on his belt after work in case it came in handy. Even bearing in mind none of us have seen the recording of that conversation, I am reasonably confident that if he had listed that charge for trial the police would have withdrawn it before trial. Had had good prospects of success at trial. Of course, for many people, the time and costs involved is a deterrent. It is easier to plead guilty and have it over and done with.
The window of time around a lawful activity in which it is reasonable to possess the knife was discussed in Queensland Police Service v Pitt [2021] QMC 4. There is a case cited there from NSW which was almost on point with the Chinchilla facts, and that defendant was acquitted; Bell v Atwell (Campbell J). In Mr Pitt’s case, he said he had been pig hunting 48 hours before the knives were found sheathed and concealed in the centre console of his ute. “They live there,” he said. The Acting Magistrate found that within 48 hours, in the vehicle, concealed, was reasonable. But another Magistrate might have decided that case differently.
This is what I carry as an electrician. Available at every tool shop in Australia.
Press button and it will unfold with gravity or a flick of the wrist.
So by definition it should be a banned import.
The law seems to also ignore that you can change the blades quickly and easily, so it is always razor sharp.
Most pocket knives I encounter couldn’t cut through butter on a hot day and my screwdrivers would make a better weapon because of their grip.
The law wont stop anything. Carry a sharp piece of wood. Grab a knife of the nearest plate at the pub.
It’s clearly a “we just don’t like the look of you,” law.
The knife you described is unlawful to possess anywhere in Queensland – in a private place, a workplace, or a public place. Anywhere.
The “reasonable excuse” defences do not apply to carrying this knife. It makes no difference whether you are carrying it for work or for some other purpose.
It would only be legal to possess this knife if you had been issued with a licence and a permit.
The reason this knife is prohibited so completely is that it has a gravity operated opening mechanism. That is, it is “a flick knife, or a similar device of any material that has a blade folded or recessed into the handle that opens automatically by gravity or centrifugal force or if pressure is applied to a button, spring or device in or attached to the handle of the device”. [1]
It is a Category M weapon, and unauthorised possession of it is unlawful. The offence is punishable by up to 2 years imprisonment. [2]
The opening operation of the knife seems to be demonstrated in this video: https://www.youtube.com/watch?v=3ezpFCDU_Us
[1] Section 7A(e) Weapons Categories Regulation 1997
https://www.legislation.qld.gov.au/view/html/inforce/current/sl-1997-wcr#sec.7A
[2] Section 50(1)(c)(iii) Weapons Act 1990
https://www.legislation.qld.gov.au/view/html/inforce/current/act-1990-071#sec.50
I forgot to ask my question.
Can I gift my teenager a filleting knife and a leatherman for their tackle box for Christmas? They’re 14?
Maybe I better buy Victorinox brand instead or Leatherman or Gerber. They make machetes with the correct logo too.
Although there are now restrictions in Queensland on the sale of knives to minors, they do not regulate gifts. [A]
Giving an ordinary fixed blade knife, or a folding pocket knife (like a Swiss Army knife), would not of itself contravene the law. Care should be taken to ensure that the opening mechanism is not unlawful.
A knife is a “dangerous thing” within the meaning of the Criminal Code. A duty is imposed by the Code as follows:
“289
Duty of persons in charge of dangerous things
It is the duty of every person who has in the person’s charge or under the person’s control anything, whether living or inanimate, and whether moving or stationary, of such a nature that, in the absence of care or precaution in its use or management, the life, safety, or health, of any person may be endangered, to use reasonable care and take reasonable precautions to avoid such danger, and the person is held to have caused any consequences which result to the life or health of any person by reason of any omission to perform that duty.”
Giving a knife to a child requires consideration of the maturity and responsibility of the child. A sensible 14 year old fisher is one thing. A child with a history of self-harm, or who has made threats of violent retaliation is another.
It would be responsible to instruct the child about the law relating to the carrying of knives in public places and schools. Children in public places and public transport are more likely to be targeted for searches under “Jack’s Law”.
[A] See the definition of “sell” in Schedule 2 to the Summary Offences Act 2005.
This is really helpful, thanks for breaking down the confusing knife laws in QLD. I’ve always wondered about the legal blade length and carrying a multi-tool for camping trips. Does the “legal excuse” apply if you’re just keeping it in your glove box for emergencies?
The reasonable excuse issue is the same whether the knife is possessed in your pocket or in the glove box of your vehicle.
The offence refers to a person who “physically possesses” the knife. Public place is defined to include a vehicle that is in or on a public place.
If the knife is in a different compartment of the vehicle, is it “physically possessed”? Physical possession is a narrower concept that ordinary possession. For example, a person who put a weapon in their safe would still be in legal possession of it, but not physical possession (see s.60).
Courts hear arguments about how far away a knife must be before it is no longer physically possessed. If it is in easy arm’s reach of the driver, then it probably is still in their physical possession. Arguments could be made either way about a knife in a glove box. To be on the safer side of the argument, assume that a knife in your glove box might be ruled to be in physical possession.
This was really helpful, thanks. I’ve always been unsure about the blade length rules here, so it’s good to see a clear breakdown. One thing I’m still wondering—does carrying a multi-tool with a blade count differently under the law?
A blade on a multi-tool is regarded no differently by the law than any other blade.
But the context and reason for carrying the multi-tool would be relevant to whether the carrier had a reasonable excuse.
Great breakdown of the knife laws here. I moved to Queensland from NSW last year and was surprised by some of the differences, especially around the “reasonable excuse” clause. Just to clarify, does carrying a multi-tool with a small blade for work count, or is it safer to leave it at home?
Having a blade with you for work purposes can be a reasonable excuse. The tricky part of that is uncertainty about how close the connection to work needs to be. Can a chef keep their knives in their car over the weekend? Over their week off? It comes down to decisions by police officers and Magistrates about what is reasonable. In the Chinchilla case, the police argued in the news media that it was unreasonable for a stockman to have kept his pocket knife on his belt when he went to the pub after work. That argument was not tested in Court.
Outside of work, a “pen-knife” may be carried for its “normal utility purposes”. There is uncertainty built into the law about what is and is not a pen-knife. I often go out, and commute, with a small 3 blade pocket knife. I think that is lawful, but I might be met with some counter argument about it having more than 1 blade. I would also be reasonably comfortable carrying a Swiss Army style pocket knife with different tools including blades. But I might be met with some counter argument about a particular tool. When I was in the Army Reserve we were issued with pocket knives that included a folded spike. A Court considering the spike might well decide that the Australian Army knife is not a “pen-knife”.
Great article, really clear breakdown of the laws. I’ve always wondered about the grey area between a utility tool and a weapon, especially when camping or fishing. Do the same rules apply if the knife is stored in a backpack rather than on your person?
The Queensland law about a knife in public refers to “physical possession”. If a knife is in a backpack, and you are carrying the backpack, then it is probably in your “physical possession”.
Great article, very clear and helpful. I always assumed a small folding knife was fine, but I didn’t realize the “reasonable excuse” part could be so tricky. Do you know if a multi-tool with a locking blade would fall under the same rules?
Anything with a locking blade is less likely to be a “pen-knife”, although the question has not been decided in Queensland. If your blade locks, then your safest course is to assume it is not a pen-knife.
Even so, you might still have another reasonable excuse for carrying it, such as a work-related purpose