When may a weapons prohibition order be made?

Under section 21H of the Summary Offences Act 1953 (SA), the Commissioner of Police may issue a weapons prohibition order against a person if satisfied:

When does the order come into force?

The order comes into force when it is personally served upon the person [s 21H(2)]. To facilitate the preparation and service of an order, a police officer may require the person to remain in a particular place. If they refuse, the police officer may detain them for as long as necessary or 2 hours, whichever is less [s 21H(3)].

What does a weapons prohibition order do?

A person subject to a weapons prohibition order:

What weapons are prohibited?

Prohibited weapons include several types of knives, concealed and ceremonial weapons, laser pointers, cross bows, claws, knuckle dusters, nunchakus and some other weapons. The full list of prohibited weapons is contained in reg 6 of the Summary Offences Regulations 2016 (SA).

Can a weapons prohibition order be appealed?

Yes. A person aggrieved by a decision of the Commissioner of Police to issue a weapons prohibition order under s 21H or vary or revoke an exemption issued under s 21I(11) may appeal to the District Court of South Australia within 28 days of receiving notice of the decision [s 21J].

How is the order enforced?

For the purposes of ensuring compliance with a weapons prohibition order, under section 21L, a police officer may:

Most of the relevant offences and penalties are set out above under What does a weapons prohibition order do?

A person who supplies a prohibited weapon to a person subject to a weapons prohibition order is also guilty of an offence, punishable by a fine of up to $35,000 or imprisonment for 4 years [s 21I(8)]. It is a defence if the person did not know or could not reasonably be expected to have known that the person was subject to the weapons prohibition order [s 21I(9)].