South Australia’s Totalitarian Sword and Machete Ban, By John Steele and Ian Wilson LL.B
The socialist South Australian state government, backed by the Greens and Liberals, have enacted the strongest sword and machete controls in the country, even exceeding the Victorin legislation. While gang fights are alarming, the government takes the typical knee-jerk approach of not dealing with the criminals but banning the tools they use. There is no point lamenting this, as Australians do not even have a right to possess any weapon for self-defence. So, given that, what does the new ban entail? We detail this now in note form, hoping that this information will be of help to farmers facing land clearing issues given this ban. The usual disclaimer that this is not legal advice and is for information purposes only. For any questions contact the relevant police bodies, and the local state member.
The South Australian machete and sword ban is part of recent amendments to the Summary Offences Act 1953 (SA), specifically under the Summary Offences (Knives and Other Weapons) Amendment Bill 2025. These changes, referred to as "phase 2" of knife crime legislation reforms, come into effect on July 1, 2025, and classify machetes and swords as prohibited weapons. Below is a detailed breakdown of the law:
Details of the Law
The amendments to the Summary Offences Act 1953 introduce stricter regulations to supposedly combat knife-related crime, with a focus on machetes and swords. Key provisions include:
1.Classification as Prohibited Weapons:
Machetes and swords are now classified as prohibited weapons under the Act.
It is an offence to manufacture, sell, distribute, supply, use, or possess these weapons without an exemption.
Penalties: A maximum penalty of a $20,000 fine or 2 years imprisonment applies for possessing, using, or dealing in prohibited weapons without a lawful excuse.
2.Surrender Period:
A three-month amnesty period starts on July 1, 2025, allowing individuals to surrender machetes and swords to police without prosecution.
Surrendered weapons must be taken to a local police station (excluding Hindley or Grenfell Street stations) and must be safely transported (e.g., blade covered with a sheath or thick cardboard and securely taped).
After the amnesty period (ending September 30, 2025), surrendering weapons will require providing personal details, and possession without an exemption will be illegal.
3.Additional Provisions:
The law also bans the sale or supply of knives to minors (under 18 years old), with no exceptions. A new criminal offence for supplying a knife to a minor carries penalties of:
$35,000 fine or 4 years imprisonment if the minor intends to use the knife for a serious offence of violence.
$10,000 fine or 6 months imprisonment if the knife is intended for use in an education facility, public place, or place of worship.
Offences involving knives and offensive weapons have been expanded to apply to broader education facilities (e.g., childcare centres, kindergartens, preschools, universities, TAFE campuses) and places of worship.
Relevant Act
The primary legislation governing this ban is the Summary Offences Act 1953 (SA), specifically Part 3A, which addresses weapons offences. The Summary Offences (Knives and Other Weapons) Amendment Bill 2025 amends this Act to include the new provisions for machetes and swords. Additional details on prohibited weapons are outlined in Schedule 2, Part 2 of the Summary Offences (Weapons) Regulations 2012.
Exceptions
The law provides limited exemptions for possessing machetes and swords, as outlined in Schedule 2, Part 2 of the Summary Offences Act 1953, with approved exemptions. These exemptions allow possession for specific purposes, including:
1.Legitimate Purposes:
Agricultural or gardening activities: Machetes may be used for clearing vegetation or other legitimate farming tasks.
Hunting or recreational activities: Possession may be allowed for lawful hunting or outdoor activities like camping.
Professional or trade purposes: For example, individuals in industries requiring machetes for work (e.g., environmental workers clearing vegetation) may qualify for an exemption.
2.Collectors and Cultural Purposes:
Members of recognized collector organisations, such as the Sword Collectors Guild, may be exempt for possessing swords as part of a collection, provided they meet specific requirements (e.g., safe storage and no public carry).
Possession of a prohibited weapon as an heirloom of sentimental value, previously owned by a relative, is allowed if kept securely at a residence and not removed except for display, repair, or restoration by authorised persons.
3.Dramatic Productions:
Possession or use of machetes or swords for theatrical, television, film, or other dramatic productions is exempt.
4.Application for Exemptions for the Above:
Individuals or groups must apply to the Commissioner of Police for an exemption, which may be subject to conditions or limitations. The Commissioner can approve, revoke, or vary exemptions, and approvals for classes of persons must be notified in the Gazette.
5.Lawful Excuse:
A general "lawful excuse" may apply for possessing machetes or swords for work, sport, recreation, or display/exhibition, but self-defence is explicitly not a lawful excuse.
Additional Context
Transport and Surrender: During the amnesty period, individuals must ensure weapons are safely transported to police stations. After the amnesty, possession without an exemption will result in penalties.
Comparison with Other States: South Australia's laws align with broader Australian trends, such as Victoria's machete ban (effective September 1, 2025, with an interim sales ban from May 28, 2025). However, South Australia's inclusion of swords and strict penalties are noted as part of the "nation's toughest crackdown on knife crime."
Public Safety Focus: The South Australian Government aims to reduce knife-related crime by removing these weapons from circulation, particularly in public places, education facilities, and places of worship.
The Summary Offences Act 1953 (SA), as amended by the Summary Offences (Knives and Other Weapons) Amendment Bill 2025, classifies machetes and swords as prohibited weapons but does not provide explicit definitions for these terms within the Act itself. However, based on the Summary Offences (Weapons) Regulations 2012 and related South Australian legal frameworks, some clarity is provided through regulatory schedules and general legal interpretations. Below is an analysis of how "machetes" and "swords" are defined or understood in the context of this law, along with any relevant exemptions.
Definition of "Machetes"
No Explicit Statutory Definition: The Summary Offences Act 1953 and its amendments do not provide a precise definition of a "machete' in the text available. However, under Schedule 2, Part 2 of the Summary Offences (Weapons) Regulations 2012, machetes are listed as prohibited weapons, implying a general understanding based on common usage and characteristics.
Common Characteristics: In South Australian legal and police guidance, a machete is typically understood as a large, broad-bladed knife with a blade length often exceeding 30 cm, primarily designed for cutting vegetation or used in agricultural settings. It may include:
A single-edged or double-edged blade.
A blade that is heavy and designed for chopping or slashing.
Tools marketed or recognized as machetes, regardless of specific design variations (e.g., parang, bolo, or similar large knives).
Practical Interpretation: The South Australia Police (SAPOL) and courts rely on a functional and contextual approach to identify machetes. For example, a tool marketed as a "machete" or resembling one in size, shape, or intended use (e.g., clearing bush or vegetation) would likely fall under the ban unless exempted for legitimate purposes like agricultural work or professional use.
Distinction from Other Knives: The law distinguishes machetes from smaller knives (e.g., pocket knives or kitchen knives), which may fall under different restrictions but are not automatically classified as prohibited weapons unless used in a prohibited manner (e.g., carried in public without lawful excuse).
Definition of "Swords"
No Explicit Statutory Definition: Similar to machetes, the Summary Offences Act 1953 and its regulations do not explicitly define "swords." However, Schedule 2, Part 2 of the Summary Offences (Weapons) Regulations 2012 explicitly lists swords as prohibited weapons.
Common Characteristics: Swords are generally understood to include:
Long-bladed weapons designed for combat, ceremonial, or decorative purposes.
Blades that are typically straight or curved, single- or double-edged, and often exceed 30 cm in length.
Examples include katanas, sabres, rapiers, or other historical or replica weapons resembling swords.
Cultural and Collectible Context: Swords may also include ceremonial or historical replicas, such as those used in martial arts, cultural displays, or collections. These are subject to the ban unless an exemption applies (e.g., for collectors or dramatic productions).
Practical Interpretation: SAPOL and courts would likely classify an item as a sword based on its appearance, design, or marketed purpose. For instance, a decorative katana or a functional longsword would both be considered swords under the law.
Legal Context and Exemptions
Schedule 2, Part 2 (Prohibited Weapons): The Summary Offences (Weapons) Regulations 2012 list machetes and swords among other prohibited weapons (e.g., daggers, butterfly knives, flick knives). The lack of precise definitions allows flexibility for law enforcement to interpret based on the item's characteristics and intended use.
Exemptions:
Machetes: Exemptions apply for legitimate purposes such as agricultural or gardening activities, hunting, recreation (e.g., camping), or professional use (e.g., environmental workers). The item must be used solely for the exempted purpose and stored securely when not in use.
Swords: Exemptions are granted for collectors (e.g., members of the Sword Collectors Guild, with secure storage), cultural or historical heirlooms (kept at a residence), or dramatic productions (e.g., theatre or film). Exemptions require approval from the Commissioner of Police, and conditions may apply (e.g., no public carry).
Lawful Excuse: Possession for work, sport, recreation, or display/exhibition is permitted, but self-defence is explicitly not a lawful excuse.
Transport During Amnesty: During the amnesty period (July 1, 2025, to September 30, 2025), machetes and swords must be surrendered to police stations (excluding Hindley or Grenfell Street stations) and transported safely (e.g., blade covered with a sheath or thick cardboard and taped).
Challenges and Ambiguities
Lack of Specificity: The absence of precise definitions for "machete" and "sword" in the legislation may lead to case-by-case interpretations by police or courts, potentially causing disputes over whether a particular item qualifies (e.g., a large survival knife versus a machete).
Overlap with Other Tools: Some tools, such as large bush knives or ceremonial blades, could be misclassified unless clearly exempted for agricultural, cultural, or professional use.
Collector Concerns: The Sword Collectors Guild has noted that while exemptions exist for collectors, the requirement to apply for approval and comply with strict storage conditions may burden hobbyists.
"Strict new laws to come into effect from Tuesday to tackle knife crime in SA will be the toughest reforms in the nation.
From July 1, children under the age of 18 will be banned from buying dangerous knives, raising the bar for the age of purchase from 16 years.
In addition, swords and machetes will be classified as prohibited weapons – making it an offence to manufacture, sell, distribute, supply or deal in, or use or possess, a machete or sword.
Breaking the law will carry a maximum penalty of $20,000 or two years imprisonment.
Attorney-General Kyam Maher said the restrictions and new laws were in response to a rise in incidents here and interstate, and to protect the community from the "menace of knife crime".
New laws coming into place in SA from Tuesday will be the toughest ones relating to knives in the country. Picture: Karen Grace Prince
"Things like bread knives and part of cutlery sets that don't have a sharp point, still can be purchased, but anyone under 18 will not be able to buy sharp knives," he said.
"There are a very narrow range of exempted people who can have these (weapons) like as heirlooms, as part of a collection, or for educational purposes."
Those in possession of such weapons are urged to check whether it will remain lawful. If not, they can surrender them at a local police station (Hindley Street and Grenfell Street police stations exempted) during a three-month amnesty period starting on Tuesday.
The new laws build on the first round of reforms which gave police stronger powers to conduct metal detector searches in public spaces – including public transport hubs and shopping centre precincts.
SA Police Assistant Commissioner Narelle Kameniar said there had been a stark increase in knife crime across the country.
"It is a concern to us and the Youth and Street Gangs Task Force are dealing regularly with youths who are having these sorts of weapons," she said.
"It will now be an offence to use, carry or possess a knife in any educational facility, so that will range all the way from childcare centres and preschools, all the way through to schools, colleges, TAFEs, universities and places of worship."
The move comes after several incidents of knife crime and suspicious activity in the past few months.
Two men were arrested on Tuesday last week at the War Memorial on North Tce in the CBD for suspicious behaviour and for possession of several weapons including knives, knuckle dusters with a fold-out knife and an extendible baton with a knife attachment.
Two weeks ago, a machete-wielding woman was arrested after allegedly robbing a service station in Port Adelaide
Earlier this month, two men were arrested and charged after a teenage boy was seriously injured in a machete attack in a CBD apartment.
"By reclassifying machetes and swords as prohibited weapons, and preventing minors from buying knives, we are delivering common sense reforms that will better protect the community," said Mr Maher.
"These laws are designed to keep South Australia as safe as possible and are the toughest knife laws anywhere in the country."
Opposition police spokesman Jack Batty: "This should have happened much sooner. Serious knife crimes over the past year may have been prevented if Labor hadn't stubbornly refused to act on our proposals.
"Adopting our policy is a step in the right direction and will help make South Australians safer. We will always prioritise community safety."
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