Swords, Daggers, & imitation Firearms

Swords/Daggers/Imitation Firearms. Info believed correct as of June 30th 2018


This information is for the benefit of members or potential members, of the Society. however, it applies equally to all organizations listed, based in Victoria.    Updates of legislation can always be found at www.legislation.vic.gov.au
The Society has a blanket exemption, for its members, from the Dept of Justice, for the ownership and collection of Swords, Daggers and Imitation Firearms.  For other items, please contact the Society. 
 Please read hereunder and further on the page. Since the enactment  of this legislation, there have been 17 changes.

Double check if you are not sure.


SWORDS
These changes to Control of Weapon Act, were placed before the meeting of the Governor in Council on 3rd June 2014    Control of Weapons Act 1990

 EXEMPTION TO POSSESS SWORDS ―  RE-ENACTORS AND COLLECTORS - ORDER IN COUNCIL

The Governor in Council, under section 8B of the Control of Weapons Act 1990, exempts from the operation of section 5(1), (1AA), (1AB) and (1A) and section 5AA of the Control of Weapons Act 1990, a person who is of a class of persons set out in an item in Column 1 of the following Table, in relation to activities involving swords as listed in Column 2 of the Table, for the purposes listed in Column 3 of the Table.

 

Conditions
A person seeking to rely on this Order is subject to the following conditions:
General Conditions

1.      Use: A sword may only be used for the purposes for which the exemption was granted.

2.      Storage: When not being used for the purposes specified in this Order, swords must be stored safely and securely.

“stored safely and securely” means:

(a) stored in a manner calculated to ensure that the sword:

(i)                 is not readily accessible to a person other than the person seeking to rely on the exemption; and

(ii)               is not available for possession, carriage or use by a person who is not themselves a holder of an approval issued by the Chief Commissioner of Police or who does not fall within a class of exempt persons specified in the above Table; and

(b) when being transported between the usual place of storage of the sword and places at which the sword is legitimately used for the purposes specified in this exemption:

(i)                 stored in a manner calculated to ensure that the sword is not readily accessible to a person other than the person seeking to rely on the exemption; and

(ii)               concealed from plain sight during any such transportation.

3.      Inspection on request: A person seeking to rely on this exemption must, on request, permit a member of the police force to inspect his or her storage arrangements at any reasonable pre-arranged time.

4.      Record of possession: A person seeking to rely on this exemption must maintain a record of the number and types of swords in his or her possession. These records must be kept for the duration of operation of the exemption and must be made available to a member of the police force for inspection at any reasonable pre-arranged time.

5.      Record of sale: A person seeking to rely on this exemption who sells a sword must keep a record of the sale. The record must be in the form and manner prescribed under the Control of Weapons Act 1990, and must be kept for 3 years after the sale. A member of the police force at any reasonable time may require the person to produce the record for inspection.

6.      Display: A person seeking to rely on this exemption to display a sword with an historical or cultural significance must ensure that the display occurs in the person’s residential home or at an official event associated with the organisation of which the person is a member (being an organisation specified in Column 1 in the above Table), and that the display is only made for purposes genuinely associated with the study and collection of swords with historical or cultural significance.

7.      Persons aged under 18 years: A person under the age of 18 is not permitted to purchase any prohibited weapon, including a sword. However, a person aged under 18 years who belongs to a class of exempt person specified in this Order may lawfully possess, use or carry a sword subject to the terms and conditions of the exemption.

8.      Prohibited persons: This Order does not apply to a person who is a prohibited person as defined in section 3 of the Control of Weapons Act 1990, regardless of whether that person is a member of a class or classes of persons specified in Column 1 of the Table.

Additional conditions relating to Specified Organisations

9.      The following conditions only have effect in relation to members of an organisation specified in Column 1 of the above Table (“Specified Organisation”) who engage in activities involving swords for purposes specified in the Table. The conditions do not have effect in relation to members who do not engage in such activities.

10.  Upon joining a Specified Organisation, a person who intends to engage in activities involving swords for purposes specified in the above Table must acknowledge and consent to follow the conditions outlined in this Order.

Purchase waiting period

11.  An adult person who joins a Specified Organisation on or after the date this notice comes into effect, cannot purchase a sword for 28 days from the date upon which he or she joined the Specified Organisation, unless the person holds a firearms licence issued under Part 2 of the Firearms Act 1996, in which case the 28 day waiting period does not apply.

12.  The 28 day waiting period does not apply to an adult person who was a member of a Specified Organisation prior to the date this Order came into effect.

Prohibited person check

13.  A Specified Organisation must be satisfied that each of its members who possesses, uses or carries a sword in accordance with this Order is not a ‘prohibited person’ as defined in section 3 of the Control of Weapons Act 1990. This may require the specified organisation to arrange for each member to undergo a Criminal History Check or provide a Statutory Declaration affirming they are not a prohibited person. A member of a Specified Organisation who holds a firearms licence issued under Part 2 of the Firearms Act 1996, an approval issued by the Chief Commissioner of Police under section 8C of the Control of Weapons Act 1990 or a licence issued under Division 2 of Part 3 of the Private Security Act 2004, is not required to undergo a Criminal History Check or provide a Statutory Declaration.

Membership records and member identification

14.  A Specified Organisation must provide a membership number or other form of unique identifier to each of its members who possesses, uses or carries a sword in accordance with this Order. The Specified Organisation must maintain a current register of members containing the names of members and their membership numbers and/or unique identifiers. The Specified Organisation must, on request, permit a member of the police force to inspect the register at any reasonable pre-arranged time.

15.  A Specified Organisation must require each of its members who possesses, uses or carries a sword in accordance with this Order, to provide it with the following details:

  • the member’s contact details; and

  • the residential address at which the sword is stored.

Members must notify the Specified Organisation within 28 days of any changes to these details.

16.  A Specified Organisation must issue to each of its members who possesses, uses or carries a sword in accordance with this Order, a membership card showing the member’s name and membership number/identifier and any other details required by the Specified Organisation.

17.  When carrying or transporting a sword in accordance with the conditions of this Order, a member of a Specified Organisation must at all times carry his or her membership card as well as evidence of identity that includes a photograph, such as a driver’s licence or passport, subject to the following exceptions:

  • when the member is participating in a re-enactment of historical events, during the re-enactment the member is only required to carry his or her membership card;

  • when the member is aged under 18 years and is supervised by a person who is entitled to possess, use or carry swords, the member is only required to carry his or her membership card.

18.  A member of a Specified Organisation who is participating in a re-enactment must ensure his or her membership card is readily accessible nearby while participating, for example by keeping the membership card in a bag, cupboard or locker located nearby.

Other organisational requirements

19.  A Specified Organisation must have an active branch operating in Australia.

20.  A Specified Organisation must undertake to arrange a meeting of its members at least on an annual basis.

21.  A Specified Organisation must not publish material, including on a website, which promulgates irresponsible, unlawful or unsafe use of a prohibited weapon.

22.  A Specified Organisation must make available to its members information on the Governor in Council exemptions.

23.  A Specified Organisation must inform the Department of Justice, Victoria, within 28 days:

·         of any change in the Office Bearers of the organisation or their contact details; and

·         when it has expelled a member from the organisation in accordance with the organisation’s constitution or rules.

The department’s email address for this purpose is weapons@justice.vic.gov.au.

Revocation

24.  The Governor in Council, under section 8B of the Control of Weapons Act 1990, revokes the Orders in Council dated 16 June 2004 and published in Government Gazette G25 on 17 June 2004 (‘Exemption under section 8B for collectors to possess swords’ and ‘Exemption under section 8B to possess swords for historical re-enactment’), which exempt specified classes of persons from certain provisions of the Control of Weapons Act 1990 for activities in relation to swords.


Period of Application
25.  This Order comes into operation on and from the date of its publication in the Government Gazette which will be 5th July 2014.

__________________________________
NOTE - Schedules 1 and 2 apply for both Swords and Daggers

SCHEDULE 2
Collectors’ Organisations
Antique & Historical Arms Collectors Guild of Victoria Inc.
Ararat Historical Arms Collectors Club Inc
Arms Collectors Guild of Tasmania
Ballarat Arms and Militaria Collectors Society Inc.
Golden City Collectors Association Inc. of Bendigo
Goshu Nihon Bijutsu Token Hozon Kai Inc.
Northern Victorian Arms Collectors Guild
Sporting Shooters Association of Australia Mildura Arms and Militaria Collectors Guild
Sporting Shooters Association of Australia (Victoria) Arms and Militaria Collectors (Melbourne)
Sporting Shooters Association of Australia (Victoria) Military Collector Club
Victorian Amateur Pistol Association Collectors Group
Victorian Historical and Edged Weapons Collectors Guild


SCHEDULE 1
Historical Re-enactment Organisations

1066 The Medieval Society
15th King's Light Dragoons (Hussars) ‘C' Troop, Gippsland Inc.
2nd Virginia Living History Group
21eme Regiment de Ligne
30eme Regiment de Ligne
42nd Royal Highland Regiment 1815 (Australia) Inc.
62nd New York State Volunteers (Anderson Zouaves)
73rd Regiment of Foot
95th (Rifle) Regiment of Foot
95th Rifles (Australia) Inc.
Australasian Living History Federation
Australian Great War Association
Australian Napoleonic Association
Australian Re-enactors Association
Ballarat Living History Society
Beechworth Historical Re-Enactment Group Inc.
Cahal Society of Cultural Law
Captain Sandham's Company R.A.
Colonial Re-Enactment Society Inc
Commemorative History Society Australia
Corangamite Light Horse Re-Enactment Troop
Creswick Youth Alliance (Inc.) – Corangamite Light Horse Troop; Horsham RSL Light Horse Troop and Bairnsdale Light Horse Troop
'D’ Troop, 15th King’s Light Dragoons (Hussars) – Victoria Inc. (or ‘D’ Troop, 15th King’s Light Dragoons (Hussars) – Melbourne Inc.)
Canes Pugnaces
Days of Knights Pty Ltd
Fire Heart Defence
Frojel Gotlandica Viking Re-enactment Society Inc.
Frontiers Living History Group Inc.
Geelong Military Re-enactment Group Inc.
Historical Re-enactment Society of Australia
History Up Close
Independent Order of Historical Mercenaries Inc.
Leongatha Medieval Society Inc.
Living History Australia
Living History Resource Group
Mansfield Colonial Re-Enactment Society Inc.
Melbourne Sword and Spear Association
Military History Group Incorporated
Nelson’s Navy
Nordmannia
North Eastern Muzzleloaders and Colonial Firearms Club
Southern Cross Free Trappers Inc.
The Australian Napoleonic Association
The Blue and Grey Re-Enactors Inc.
The Colonial Re-enactment Society
The Free Companies Inc.
The Grey Company Inc
The Historical Re-enactment Society of Australia Inc.
The Military Historical Society Geelong Branch Inc.
The Military Historical Society of Australia, Victorian Branch
The New Varangian Guard Inc.
The Pike and Musket Society Inc.
The Shenandoah’s Crew – Australia Inc
The Society for Creative Anachronism Ltd
Victorian Colonial Infantry Association Inc (Mt Alexander Rifles)
Victorian Light Horse Ceremonial Regiment
Victorian Military Vehicle Corps
Victoria Police Historical Society
Victorian Re-enactment Society

Daggers

EXEMPTION TO POSSESS DAGGERS  ----  ORDER IN COUNCIL

The Governor in Council, under section 8B of the Control of Weapons Act 1990, exempts from the operation of section 5(1), (1AA), (1AB) and (1A) and section 5AA of the Control of Weapons Act 1990, a person who is of a class of persons set out in an item in Column 1 of the following Table, in relation to activities involving daggers as listed in Column 2 of the Table, for the purposes listed in Column 3 of the Table.

 

Conditions
A person seeking to rely on this Order is subject to the following conditions:

General Conditions

1.      Use: A dagger may only be used for the purposes for which the exemption was granted.

2.      Storage: When not being used in accordance with the purposes specified in this Order, daggers must be stored safely and securely.

“stored safely and securely” means:

(a) stored in a manner calculated to ensure that the dagger:

(i) is not readily accessible to a person other than the person seeking to rely on the exemption; and

(ii) is not available for possession, carriage or use by a person who is not themselves a holder of an approval issued by the Chief Commissioner of Police or who does not fall within a class of exempt persons specified in the above Table; and

(b) when being transported between the usual place of storage of the dagger and places at which the dagger is legitimately used for the purposes specified in this exemption:

(i) stored in a manner calculated to ensure that the dagger is not readily accessible to a person other than the person seeking to rely on the exemption; and

(ii) concealed from plain sight during any such transportation.

3.      Inspection on request: A person seeking to rely on this exemption must, on request, permit a member of the police force to inspect his or her storage arrangements at any reasonable pre-arranged time.

4.      Record of possession: A person seeking to rely on this exemption must maintain a record of the number and types of daggers in his or her possession. A person who has inherited daggers must keep supporting documentation such as a will or testament. These records must be kept for the duration of operation of the exemption and be made available to a member of the police force for inspection at any reasonable pre-arranged time.

5.      Record of sale: A person seeking to rely on this exemption who sells a dagger must keep a record of the sale. The record must be in the form and manner prescribed by the Control of Weapons Regulations 2011, and must be kept for 3 years after the sale. A member of the police force at any reasonable time may require the person to produce the record for inspection.

6.      Display: A person seeking to rely on this exemption to display a dagger with an historical or cultural significance must ensure that the display occurs in the person’s residential home or at an official event associated with the organisation of which the person is a member (being an organisation specified in Column 1 in the above Table), and that the display is only made for purposes genuinely associated with the study and collection of daggers with historical or cultural significance.

7.      Persons aged under 18 years: A person under the age of 18 is not permitted to purchase any prohibited weapon, including a dagger. However, a person aged under 18 years who belongs to a class of exempt person specified in this Order may lawfully possess, use or carry a dagger subject to the terms and conditions of the exemption.

8.      Prohibited persons: This Order does not apply to a person who is a prohibited person as defined in section 3 of the Control of Weapons Act 1990, regardless of whether that person is a member of a class or classes of persons specified in Column 1 of the Table.

Additional conditions for Specified Organisations

9.      The following conditions only have effect in relation to those members of an organisation specified in items 7, 8, 9 and 11 of the above Table (“Specified Organisation”) who engage in activities involving daggers for purposes specified in the Table. The conditions do not have effect in relation to members who do not engage in such activities.

10.  Upon joining an exempt organisation, a person must acknowledge and consent to follow the conditions outlined in this Order.

Purchase waiting period

11.  An adult person who joins a specified organisation on or after the date this notice comes into effect, cannot purchase a dagger for 28 days from the date upon which he or she joined the specified organisation, unless the person holds a Firearms Licence issued under Part 2 of the Firearms Act 1996 in which case the 28 day waiting period does not apply.

      The 28 day waiting period does not apply to a person who was a member of a Specified Organisation prior to the date this Order comes into effect.

Prohibited person check

12.  A Specified Organisation must be satisfied that each of its members is not a ‘prohibited person’ as defined in section 3 of the Control of Weapons Act 1990. This may require the organisation to arrange for each member to undergo a Criminal History Check or to provide a Statutory Declaration affirming that they are not a prohibited person. A member of a Specified Organisation who holds a firearms licence issued under Part 2 of the Firearms Act 1996, an approval issued by the Chief Commissioner of Police under section 8C of the Control of Weapons Act 1990 or a licence issued under Division 2 of Part 3 of the Private Security Act 2004, is not required to undergo a Criminal History Check or provide a Statutory Declaration.

Membership records and member identification

13.  A Specified Organisation must provide a membership number or other form of unique identifier to each of its members who possesses, uses or carries a dagger in accordance with this Order. The Specified Organisation must maintain a current register of members containing the names of members and their membership numbers and/or unique identifiers. The Specified Organisation must, on request, permit a member of the police force to inspect the register at any reasonable pre-arranged time.

14.  A Specified Organisation must require each of its members who possesses, uses or carries a dagger in accordance with this Order to provide it with the following details:

  • the member’s contact details; and

  • the residential address at which the dagger is stored.

Any changes to these details must be notified by the member to the organisation within 28 days.

15.  A Specified Organisation must issue to each of its members who possesses, uses or carries a dagger in accordance with this Order, a membership card showing the member’s name and membership number/identifier and any other details required by the Specified Organisation.

16.  When carrying or transporting a dagger in accordance with the conditions of this Order, a member must at all times carry his or her membership card as well as evidence of identity that includes a photograph, such as a driver’s licence or passport, subject to the following exceptions:

·         when the member is participating in a re-enactment of historical events, during the re-enactment the member is only required to carry his or her membership card;

·         when the member is aged under 18 years and is supervised by a person who is entitled to possess, use or carry a dagger, the member is only required to carry his or her membership card.

17.  A member of a Specified Organisation who is participating in a re-enactment must ensure his or her membership card is readily accessible nearby while participating, for example by keeping the membership card in a bag, cupboard or locker located nearby.

Other organisational requirements

18.  A Specified Organisation must have an active branch operating in Australia.

19.  A Specified Organisation must undertake to arrange a meeting of its members at least on an annual basis.

20.  A Specified Organisation must not publish material, including on a website, which promulgates irresponsible, unlawful or unsafe use of a prohibited weapon.

21.  A Specified Organisation must make available to its members information on the Governor in Council exemptions.

22.  A Specified Organisation must inform the Department of Justice, Victoria:

  • of any change in the Office Bearers of the organisation or their contact details, within 28 days of that change; and

  • when it has expelled a member or instructor from the organisation in accordance with the organisation’s constitution or rules.

The department’s email address for this purpose is weapons@justice.vic.gov.au.

Period of Application

23.  This Order (above) comes into operation on and from the date of its publication in the Government Gazette, which is 5th June 2014.


​IMITATION FIREARMS

It is NOT a requirement to apply for a CCA, if you are a member of an approved organisation, and only collect Swords, Daggers or Imitation Firearms

It is a requirement that a person that has a collection of swords, daggers, or imitation firearms, be a member of an approved organisation (listed below).
Following is the reissue of the Imitation firearm legislation as of 30th June 2016. There are changes and, you need to check how they effect your possession of these items

​That's it, nothing else is required but a link to a VicPol PDF is here for your additional information.

If you want to collect other types of prohibited weapons you WILL (currently) need a CCA if they are not listed under the changes to the CoW Act, further details of which are not yet available until Gazetted in a few days time  A link will be placed on this page, close to this text.

Governor in Council Exemptions are issued by the Dept of Justice.

The organizations listed under Schedules I and 2 of the Control of Weapons (Swords)(Amendments) Regulations 2003 (Victoria), commencing June 5th 2014, are organizations that are given blanket Governor in Council exemptions, which is extended to their members, to possess and use swords/daggers and imitation firearms whilst that person is a current member.

 

Imitation Firearms
The Firearms and Other Acts Amendment Act 2010 removed the regulation of imitation firearms from the Firearms Act 1996 and placed it in the Weapons Act. Imitation firearms are classed as prohibited weapons. This means that a person can only use and possess an imitation firearm if they have sought and obtained an approval from the Chief Commissioner of Police, or if they are eligible for a GIC exemption as a member of an exempted club or organization. The aim is to provide a sufficient degree of regulatory control while ensuring that the regulatory system does not impose an unreasonable burden on imitation firearm users. Exempted clubs and organizations are outlined in a General Exemption Order published on 30 June 2011 in the Victoria Government Gazette G26 (pp 1551-1557).

An ‘imitation firearm’ is defined in the Weapons Act as a device, the appearance of which could reasonably be mistaken for that of an operable firearm, but which is not designed or adapted to discharge shot or bullet or other missile, and is not capable of being adapted to do so. This definition encompasses imitation long-arms and imitation handguns (including imitation pistols). However it is not intended to capture replica firearms or toy guns. Replica firearms are regulated under the Firearms Act 1996. Toy guns are not currently subject to regulation, provided they are clearly distinguishable as a toy. Generally a toy is distinguishable as such, if it is a bright color or has a part or parts in a bright colour and therefore would not be mistaken for an imitation or replica firearm.