Carrying a knife in public is more common than many people may realise. A person may carry a knife for work, outdoor activities, or everyday tasks. Despite that, under section 51(1) of the Weapons Act 1990 (Qld), it is an offence to possess a knife in a public place or school without a reasonable excuse.
For a first offence the maximum penalty is up to 50 penalty units or 18 months imprisonment. For second or further offences the maximum penalty is up to 100 penalty units or 2 years imprisonment.
The definition of a ‘knife’ is also broader than people may realise. It includes any object with a sharpened point or blade capable of causing injury. Box-cutters and scissors could be considered ‘knives’ under this definition.
The term public place is defined as ‘any place that the public is entitled to use, is open to the public, or used by the public, whether on payment or otherwise’. The legislation extends this definition to include a vehicle that is in or on a public place. This makes people experiencing homelessness particularly vulnerable to this charge.
What Counts as a ‘Reasonable Excuse’?
Under the legislation, once a person is found in possession of a knife in a public place, they are required to show they had a reasonable excuse rather than the usual requirement that Prosecution exclude possible reasonable excuses beyond reasonable doubt.
The legislation states a reasonable excuse may include possessing a knife:
- to perform a lawful activity, duty or employment; or
- to participate in a lawful entertainment, recreation or sport; or
- for exhibiting the knife; or
- for use for a lawful purpose
Possessing a knife for genuine religious purposes, such as carrying a Sikh kirpan, may also amount to a reasonable excuse. However, religious purposes are not considered a reasonable excuse in a school.
The legislation specifically states that carrying a knife for self-protection or self-defence is not a reasonable excuse.
Examples in the legislation
The Act provides examples of situations that may amount to a reasonable excuse, including:
- a person may carry a knife on their belt for performing work in primary production
- a scout may carry a knife on their belt as part of the scout uniform
- a person may carry a knife as an accessory while playing in a pipe band
- a fisher may carry a knife for use while fishing
- a person who collects knives may exhibit them at a fete or another public gathering
- a person may use a knife to prepare or cut food at a restaurant in a public place or when having a picnic in a park, or
- a person may carry a pen knife or swiss army knife for use for its normal utility purpose.
Additionally, in Courtney v Thomson [2007] QCA 049 the Court held that a musician’s claim he used a knife to dig a hole to put up a sign was not a reasonable excuse.
When determining whether a reasonable excuse exists, a court may consider how, when, and where the knife was possessed. In particular, the Court may consider whether the circumstances in which the defendant possessed the knife would cause a reasonable person to feel concerned that they, or someone else, may be threatened or harmed.[1]
[1] Judge M J Shanahan et al, LexisNexis, Carter’s Criminal Law of Qld [20,270].
Next Steps
If you have been charged with possessing a knife in a public place, taking advice early can help you understand your position and the options available to you. Our criminal defence team can guide you through the process with clarity, strategy and discretion.
Call (07) 3034 0000 to speak with one of our criminal solicitors, or if you’re not quite ready to speak with a solicitor, get your free online case appraisal: Click Here.
Frequently Asked Questions
Is it illegal to carry a knife in public in Queensland?
Yes. Under section 51(1) of the Weapons Act 1990 (Qld), it is an offence to possess a knife in a public place or school without a reasonable excuse.
What is a reasonable excuse for carrying a knife in public?
A reasonable excuse may include carrying a knife for a lawful activity, employment, recreation, sport, entertainment, exhibition, or another lawful purpose. The circumstances in which the knife was possessed will also be considered.
Can I carry a knife for self-defence in Queensland?
No. The legislation specifically states that carrying a knife for self-protection or self-defence is not a reasonable excuse.
What types of knives are illegal to carry in public?
The definition of a knife is broad and can include any object with a sharpened point or blade capable of causing injury. This may include items such as box cutters and scissors, depending on the circumstances.
What is the penalty for carrying a knife in public without a reasonable excuse?
For a first offence, the maximum penalty is up to 50 penalty units or 18 months’ imprisonment. For a second or subsequent offence, the maximum penalty is up to 100 penalty units or 2 years’ imprisonment.
Written By The Robertson O’Gorman Team
Robertson O’Gorman Solicitors is Brisbane’s pre-eminent criminal defence firm, with a legacy of over 50 years of legal excellence. Their team includes accredited criminal law specialists and former prosecutors who consistently appear across Magistrates, District, Supreme and appellate courts. As a First Tier firm recognised in Doyle’s Guide 2025, they deliver strategic, early-stage legal advice — often before charges are laid — to preserve rights and achieve optimal outcomes for clients. Known for fearless yet compassionate advocacy, the firm combines deep courtroom experience with a commitment to social justice, integrity and tailored client care.
Disclaimer: This article is general information only and cannot be regarded as legal advice as it does not take into account your personal circumstances. For tailored advice, please call us on (07) 3034 0000.