SWORDS

CONTROL OF WEAPONS IN VICTORIA

(Control of Weapons Act 2000 and Regulations 2004)

TAI CHI/WUSHU SWORDS - CLASS EXEMPTION

A sword is a thrusting, striking or cutting weapon with a long blade having 1 or 2 cutting edges and a hilt,

The definition applies inter alia to a Tai Chi or Wushu straight sword or broadsword (sabre) and it will be in that context it will be used here.

SWORDS ARE PROHIBITED WEAPONS IN VICTORIA

The class or general exemption applies to WTPA members to the following extent:

Bringing a sword into Victoria, causing a sword to be brought or sent into Victoria, selling or purchasing a sword, displaying or advertising a sword for sale, possessing using or carrying a sword for the purposes of studying and participating in Wushu and Tai Chi.

Subject to:

When not used for participating in Tai Chi or Wushu, swords must be stored safely and securely and any person relying on the above exemption must permit a member of the police force to inspect the storage arrangements at any reasonable time.

"stored safely and securely" means stored in a manner calculated to ensure that the sword:

(i) is not readily accessible to others

(ii) not available for possession carriage or use by others

(iii) when being transported it is stored so as to be not readily accessible to others and is concealed from plain sight

"participating" includes receiving instruction in, practising, training, teaching or competing in the sport

In summary store under lock and key, transport out of sight and securely.

Prohibited Persons under the act are specifically excluded from the exemption. Prohibited persons are defined under the Firearms Act 1996 (see separate definition).

The exemption does NOT apply to other prohibited weapons such as nunchaku and 7 star whip etc.

It is strongly recommended that schools which are organisation members provide their students with a copy of the requirements and a document (membership card or receipt with an expiry date) stating that the school is a full organisation member of WTPA, and that current students are associate (non-voting members). The document should show an expiry date for such membership. For example the student could be paid up for say 1 term or a year.

The copy of requirements and membership document should be carried at all times the sword is carried.

Remember if the school, or individual member have not paid the WTPA membership fee (or the student is not an individual member and leaves the school) there is no class exemption and a licence to possess the sword is required, and if you are carrying the sword for any purpose other than the practise of Tai Chi or Wushu there is no exemption.

If you feel that you are unable to comply with storage or carriage requirements then do not own or carry a sword as it could result in confiscation and the possibility of penalties up to $12,000 fine or six months imprisonment. Careless or irresponsible behaviour could result in the removal of the class exemption for all members.

The above notes do not purport to be professional legal advice. If you have any doubts as to requirements consult the original legislation, which may be accessed through the Victorian Legislation and Parliamentary Documents Website.

WTPA recognises and supports AKWF as the National Sporting Organisation (Peak Body) for Kung Fu (Wushu) in Australia