Crocodile Dundee’s famous movie quote “That’s not a knife . . . that’s a knife” will soon be a hot topic in NSW.
Police are on the verge of being given wide-ranging powers to search you for knives using high-tech wands in designated public zones – all without a warrant
If you refuse, you can be fined up to $5,500.
The sweeping new powers are yet to come into force but there is expected to be little public resistance in the wake of horrendous knife crimes such as the attacks in Bondi Junction in April 2024 which left six people dead.
The new law is inspired by Queensland law and will be located in The Law Enforcement (Powers and Responsibilities) and Other Legislation Amendment (Knife Crime) Act 2024 (NSW).
In NSW it has always been an offence to carry a knife in public.
Specifically, it is an offence to have an offensive implement in your custody in a public place or school. That is anything for the use of causing injury, which could be a knife.
However, the real issue is, what actually is a knife?
The legislation defines a knife as, ‘a knife blade, razor blade or any other blade’.
The regulations specify that a plastic knife used for eating and any other blade (other than knife blades or blades of a machete, cleaver or sword) will not be considered a knife, subject to the prohibition of sale to children.
Evidently, the law fails to make a clear-cut definition.
The phrasing of ‘any other blade’ is repeated far too many times. Consequently, as it remains uncertain what constitutes a knife, people are unknowingly breaking the law.
Many are charged with custody of a knife when in possession of scissors, pub darts, or corkscrews.
Swiss army knives are indispensable travelling companions for the hordes of backpackers who arrive in Australia in the summer months.
In NSW, between April 2023 to March 2024, 823 persons were proceeded against for knife related offences.
Sydney-based defence lawyer Mathew Nott said NSW Courts might be in for a shock.
“The legislation leaves too many questions unanswered and provides the police with too much discretion.”
He rightfully questions whether “a bread and butter knife will suddenly become a knife if intoxicated. But not if buttering a bagel on a bench in Pitt St mall.”
It is unclear whether all knives fall within offensive implements and where the line is drawn.
Also at issue, what is a designated area and how will you be made aware?
The Act establishes that a designate
d area can include, public transport, shopping centres, sporting venues and any other public place included in the regulations.
A senior police officer can only declare a designated area if:
• A knife-related offence or violence occurs within the past 12 months and,
• They consider the effects and conclude the handheld scanner will be effective
It will only be in force for 12 hours, with the option to extend.
Once an officer declares the zone, it must be published on the NSW Police Force website. This warning may fall short, however, as it presumes the NSW Police Force website is part of the daily social media routine.
In addition, there’s no other avenues of advertisement, unlike alcohol-free zones which must be signposted.
What are your rights?
If the scanner detects metal, the police officer may require you to present the item and be re-scanned. However, the power must be exercised in the least invasive way and if possible, by an officer of the same sex.
Contact Nott and Co Lawyers, leading criminal defence lawyers in Sydney, for more information.
