Weapons Flashcards
(18 cards)
What does CoWA stand for?
Control of Weapons Act
What is a ‘Prohibited Weapon’?
- An imitation firearm
- An article that is listed under schedule 3 of the CoW regulations.
Something that can not be owned. No peaceful purpose.
What is considered as a ‘Controlled Weapon’?
- a knife, other than a knife that is a prohibited weapon; or
- an article that is prescribed under schedule 2 of the CoW regulations.
A weapon that has a dual / legitimate purpose eg. Kitchen knife
Define ‘Dangerous Article’ as referenced in the CoWA?
- An article that has been adopted or modified so as to be able to be capable of being used as a weapon;
- An article which is being carried with the intention of being used as a weapon (need to proved intention).
There are approvals and exemptions for certain people to be able to carry a prohibited weapon. Who determines an Exemption order under Section 8B of the CoWA?
Governor of Victoria
Section 8C authorises an individual or organisation to engage in Prohibited Weapon activities otherwise prohibited by the Act. Who authorises this approval?
Chief Commissioner
‘Possession’ of a Weapon is defined as what?
- actual physical possession
- custody or control
- having and exercising access either solely or in common with others
Give three examples of a ‘prohibited weapon’:
- Flick knife
- Expandable baton
- Knuckle duster
- Pistol grip crossbow
- Taser
- Butterfly sword
Possession of a weapon is a summary offence except for when a person is within 50 metres of a licensed premises. It is then an IOTS with 3 years imprisonment. True or False?
False. It is within 20 metres not 50.
A person must not carry a controlled weapon unless it is carried in a safe and secure manner consistent with a lawful excuse. Which of the following is not included as a lawful excuse:
A. Lawful employment
B. Lawful sport
C. Self defence
D. Lawful exhibition
C. Self defence
Which section of the CoWA provides for a power to search and seize any prohibited weapon, controlled weapon or dangerous article possessed or used in contravention of the Act?
Section 10
Under Section 10 of the CoWA, if a MOPF has a SORG that a person is carrying or possessing a weapon in a public place they must do what three things prior to searching the person?
- Inform the person of their suspicion
- Inform the person of their name / rank / registered number and place of duty
- Inform person of their reason for the search
What are the three categories of weapons under the CoWA?
- Prohibited weapon
- Controlled weapon
- Dangerous article
Where is the offence of possess Dangerous Article committed? Is this different to possess a Prohibited Weapon or Controlled Weapon?
- Dangerous Article > Offence in public place
- Prohibited / Controlled > Offence anywhere
A Police officer can search any person anywhere without a warrant, if they have SORG that the person is carrying a prohibited or controlled weapon. True or False?
False. Only in a public place.
What category of offences does an exemption or approval apply to under the CoWA?
Prohibited weapons
Whom does the onus fall to prove their lawful excuse of carrying a controlled or dangerous article?
The onus is on the accused to prove.
Section 10 of the CoWA provides a power to search without warrant. What does this power entitle a PO to search and what can be taken into account when building reasonable suspicion?
Power to search a:
- Person
- Vehicle
- Thing
A PO may take into account whether the person is present in a location with a high incidence of violent crime.
