Law to restrict machete use passes parliament

The Firearms and Control of Weapons (Machetes) Amendment Bill 2024 amends the Control of Weapons Act 1990 to ensure a machete is defined as a controlled weapon. 

In his second reading speech Minister for Police and for Crime Prevention Anthony Carbines said ‘there is a misconception by some people in the community, including by some market stall holders and other retailers as well as some members of the public, that machetes are tools and are therefore not weapons’.

“ The amendment is purely to provide clarity and does not alter the existing legal status of machetes. ”

Anthony Carbines, Minister for Police, Minister for Crime Prevention

‘The amendment, inserting an example in the definition of controlled weapon stating that a machete is a knife, makes the legal status of machetes very clear ‍– they are controlled weapons and, as such, may not be possessed, carried, or used without a lawful excuse,’ he said. 

‘The amendment is purely to provide clarity and does not alter the existing legal status of machetes,’ he told the Legislative Assembly.

“ This bill does nothing. Anyone can go into a store and still buy one. ”

Evan Mulholland, Northern Metropolitan MP

Evan Mulholland, Member for Northern Metropolitan, said a machete is ‘is by its very definition a knife’ and therefore the bill was meaningless.    

‘This bill does nothing. Anyone can go into a store and still buy one. We do not oppose this bill but will instead be moving an amendment to make machetes a prohibited weapon,’ he said.

“ Children should not be subject to search warrant, arrest and detention powers for the purpose of serving a firearm prohibition order. ”

Katherine Copsey, Member for Southern Metropolitan

Defining machetes as a prohibited weapon would mean they ’cannot be sold without evidence, approval or exemption. Places like markets and offbeat sellers will be under no illusions: it is banned,’ he said. 

South-East Metropolitan MP Michael Galea said making machetes a prohibited weapon would disadvantage legitimate buyers. 

‘Clearly machetes do have various legitimate and innocent uses, including in agricultural and other gardening settings. In drafting this bill the government has been clear that our intent on this side of the chamber is not to make famers’ lives any harder by forcing them to apply for permits to continue this legitimate use,’ he said. 

The bill will amend existing laws to make it easier for police to serve a firearm prohibition order (FPO) on a person. 

Under the bill police will be able to stop a person in a public place and direct 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. 

Southern Metropolitan MP Katherine Copsey said while the bill contains protections for children, these protections do not go far enough.

“ [Police] are allowed to search the person and property of people that you happen to be with, which is an outrageous infringement on human rights. ”

David Limbrick, Member for South-Eastern Metropolitan

‘Children should not be subject to search warrant, arrest and detention powers for the purpose of serving a firearm prohibition order,’ she said. 

‘The Greens believe that all efforts should be made with the operation of this legislation to at minimum keep children out of the legislation in order to avoid that early contact with the criminal justice system and the criminalisation that we know that that can lead to,’ she told the Legislative Council. 

South-Eastern Metropolitan David Limbrick said the FPOs were open to abuse.

‘You can serve an order to someone whom you cannot get a warrant for or where you cannot get evidence of a crime, so you serve them with this firearm prohibition order,’ he said. 

‘What happens when you get served with a firearm prohibition order is the police are able to search your property at any time without a warrant. More importantly, they are allowed to search the person and property of people that you happen to be with, which is an outrageous infringement on human rights,’ he said. 

The full second reading debate can be accessed in Hansard.