Part 3A of the Summary Offences Act 1953 (SA) sets out a number of weapons offences.
Offensive weapons and dangerous articles
It is an offence, without lawful excuse, to carry an offensive weapon or an article of disguise or possess a housebreaking implement [Summary Offences Act 1953 (SA) s 21C(1)]. This carries a maximum penalty of $2,500 or imprisonment for 6 months.
An offensive weapon includes a rifle, gun, pistol, knife, club, bludgeon, truncheon or other offensive or lethal weapon or instrument but does not include a prohibited weapon listed in the Summary Offences Regulations 2016 (SA) [Summary Offences Act 1953 (SA) s 21A(1); see below discussion].
A housebreaking implement includes a picklock key, crowbar, jack, bit or other implement of housebreaking [s 21A(1)]. It could include otherwise lawful household tools, such as a common household screwdriver, depending on the intention of the person who has it.
Carrying an offensive weapon for self-defence is not a lawful excuse.
It is also an offence to:
Dangerous articles are prescribed under the Summary Offences Regulations 2016 (SA) and include anti-theft cases, blow guns, dart projectors, gas injector devices, plain catapults, self-protecting sprays and self-protection devices [reg 5].
Prohibited weapons
It is an offence to use, possess, manufacture, sell, distribute, supply or otherwise deal in prohibited weapons, with a maximum penalty of a fine of $20,000 or imprisonment for 2 years [Summary Offences Act 1953 (SA) s 21F].
Prohibited weapons are prescribed under regulation 6 of the Summary Offences Regulations 2016 (SA) and include bayonets, butterfly knives, concealed weapons, crossbows, daggers, flick-knives, knuckle-dusters, and laser pointers. From 1 July 2025, swords and machetes are also prescribed as prohibited weapons.
A person may be exempt from the prohibition in s 21F, either by the operation of Schedule 2 of the Summary Offences Act 1953 (SA) or by Ministerial declaration [s 21F(2)]. Schedule 2 exemptions include the use and possession of weapons by police officers, for lawful business purposes, for religious purposes, for sporting and recreational purposes, or as an heirloom or part of a collection. More information can be found on the South Australia Police website.
A person with swords or machetes from 1 July 2025 who is not exempt from the operation of s 21F may lawfully surrender these weapons until 30 September 2025. Check the South Australia Police website to learn where and how to surrender weapons.
A person who is lawfully entitled to use or possess a prohibited weapon must do so in a safe and secure manner [s 21F(14)].
Weapons in education facilities, places of worship and public places
It is an offence, without lawful excuse, to use or visibly carry an offensive weapon in the presence of any person in an education facility, place of worship or public place in a manner likely to cause a person to fear for their safety [s 21C(7)]. This carries a maximum penalty of $10,000 or imprisonment for 2 years.
Education facility is defined in s 21A and includes an early childhood education facility, childcare centre, preschool, kindergarten, primary school, secondary school, university and TAFE.
It is also an offence, without lawful excuse, to possess a knife in an education facility, place of worship or public place [s 21E]. This carries a maximum penalty of $2,500 or imprisonment for 6 months for a first offence, and $5,000 or imprisonment for 12 months for a subsequent offence.
Other offences
It is an offence to be armed at night with a dangerous or offensive weapon intending to use the weapon to commit an offence against a person [Criminal Law Consolidation Act 1935 (SA) s 270D]. This carries a maximum penalty of imprisonment for 7 years, or 10 years if previously convicted of an offence against the person or an offence against s 270D.
It is an offence to, in suspicious circumstances, possess an article intending to use it to commit certain specified offences [Criminal Law Consolidation Act 1935 (SA) s 270C]. The maximum penalty is half the maximum period of imprisonment for the intended offence, up to a maximum of 7 years.
See also Offences against children, young people and vulnerable adults - weapons for specific laws that apply to or in relation to youths.