The Victorian Government has recently passed legislation amending the Firearms Act 1996 and the Control of Weapons Act 1990. The Firearms and Control of Weapons (Machetes) Amendment Bill 2024 (Vic) primarily seeks to enhance the powers of Victoria Police in issuing firearm prohibition orders. Additionally, it aims to clarify that machetes are categorised as knives under the Control of Weapons Act.
Firearm Prohibition Orders
Under the new legislation, if an individual refuses to accept service of firearm prohibition order (FPO) in person, a police officer is authorised to serve the order by placing a copy of it in the individual’s presence and verbally informing them of its content. This update addresses situations where personal service is refused, as the previous law mandated direct delivery without provisions for alternative methods.
The bill also amends existing laws to make it easier for police to serve a FPO on a person, as the amendments empower police to stop a person in a public place and direct that they remain there or accompany an officer to a police station or other safe place for up to two hours for the purposes of serving an FPO (see section 112ZB of the Firearms Act).
Additionally, the amendments introduce new procedures for serving orders to individuals already in custody. If a police officer is unable to personally deliver the order due to restrictions on entering a correctional facility, the order can now be sent by registered mail to the detained person. Moreover, police are now empowered to request a court warrant to enter premises and serve an order directly if necessary.
Classification of Machetes as a Knife
The amendments also clarify that machetes are categorised as a type of knife. Whilst this may have been obvious to many people, the inclusion of machetes under the definition of knives in the Control of Weapons Act 1990 aims to address and correct any misconceptions within the community that machetes are simply tools with separate legal considerations. These reforms clarify to traders that machetes are controlled weapons, and that proof of age must be checked before sale to ensure that machetes do not end up in the hands of young people. The penalty for carrying a controlled weapon without a lawful excuse is a fine of more than $23,000 or a jail term of up to one year. It is also an offence for a person to sell a controlled weapon to any person that they know to be a child under the age of 18, with a fine of up to $3846. Further, it is an offence for a child to purchase a controlled weapon, with a fine of up to $2308.
While machetes have always been classified as knives to lay observers, this amendment provides clear and explicit clarification to resolve any prevailing misunderstandings. As described throughout the second reading debate this amendment is due to the government wanting to address community concerns with respect to the increased utilisation of machetes in crime, and in particular, youth crime.
Contact Galbally Parker Lawyers for Assistance with Firearm Prohibition Orders
If you have been served with a Firearm Prohibition Order (FPO) or are concerned about how these recent changes may impact you, it’s important to seek expert legal advice from a firearms offence lawyer. Galbally Parker Lawyers have extensive experience in criminal defence and can provide the guidance you need to understand your rights and navigate the legal complexities surrounding FPOs. Reach out to our team of melbourne criminal defence lawyers today for a confidential consultation.
