Swords

Practising Tai Chi with swords is controlled under legislation in every state in Australia. Please make sure you comply with the relevant laws in your state.

VICTORIA: Control of Weapons Act 1990.

Under the Victoria Act, swords are a “prohibited” weapon,  There are specific regulations controlling the selling, owning, carriage and use of swords. The TCAA has gained exemptions for TCAA members to own swords and practise with them in our sport.

The process of gaining the exemptions has been further detailed in the Regulations, and the TCAA is required to guide members resident in Victoria and those bringing swords into Victoria for competitions, etc to comply with the requirements.

To apply for Exemption to own and/or practise Tai Chi with a sword under the Control of Weapons Act 1990, EXEMPTION TO POSSESS SWORDS – MARTIAL ARTS, Order in Council, complete the application form.

NEW SOUTH WALES: Summary Offences Act 1988

NSW has under the SUMMARY OFFENCES ACT 1988 – SECT 11B control of “offensive implement”:

11B Custody of offensive implement.
(1) A person shall not, without reasonable excuse (proof of which lies on the person), have in his or her custody an offensive implement in a public place or a school.
Maximum penalty: 50 penalty units or imprisonment for 2 years.

Notice that the “offensive implement” could be anything. The key requirement is that the person must prove that s/he has “reasonable excuse”. So if you brandish your sword in public or in a school (presumed operating hours), and somebody gets scared, you will need to have a good explanation (“self-defence” is admission of offence). It is prudent therefore not to attract attention, and you should have full control of your “implement” (sheathed, in a bag tied or with lock). It helps if the blade of your “sword” is floppy and is unlikely to do damage, and you are actually on your way to or from a practice area where you are unlikely to frighten members of the public.

Do not expect every policeman to have considered whether you with your sword constitutes “custody of an offensive implement”. Do not expect any consistency. A report from one member suggests that the local council may have certain agreements that permit exercising with a sword in the park, but not every police officer may know that. However, a report from another suggests that this cannot be assumed. It is suggested we each exercise caution and do not tempt a clash. Keep your “implement” in its scabbard and in a bag tied up or locked. Practise away from passing public view.

QUEENSLAND: Weapons Act 1990

As martial artists using swords (such as the Jian or Dao) in our practice, it is vital to understand Queensland’s laws regarding bladed weapons. Here is what you need to know to ensure you stay compliant both at home and on your way to training.

1. Ownership and Home Storage

  • No Licence Required: You do not need a weapons licence or registration to buy, own, or keep a practice sword at home.
  • Age Restrictions: You must be 18 years or older to legally purchase a sword in Queensland.

2. Transporting Your Sword to Class

  • No Public Display: It is strictly illegal to carry or expose a sword to view in any public place (including streets, parks, or inside your car) without a “reasonable excuse.”
  • Valid Legal Excuse: Participating in an organised martial arts class, training session, or public demonstration is considered a reasonable excuse under Queensland law.
  • Self-Defence is Illegal: Carrying a sword in public for personal protection or self-defence is never recognized as a lawful excuse.

3. Best Practices for Members

To avoid misunderstandings with the public or Queensland Police (who have expanded powers to search for blades in public transport and entertainment zones):

  • Conceal It Completely: Always transport your sword fully enclosed in a sturdy, secure carry bag or case so it is completely hidden from public view.
  • Go Direct: Travel directly to and from your training venue. Avoid leaving your sword unattended or visible in your vehicle.
  • Keep Proof: Carry your current association membership card or club training schedule with you as additional proof of your lawful reason for transport.

SOUTH AUSTRALIA: Summary Offences Act 1953

South Australia enforces strict regulations regarding the possession and sale of bladed items. Under laws enacted in 2025, swords and machetes are officially classified as prohibited weapons.

Key Regulations

  • Strict Bans: It is illegal to possess, use, sell, supply, or manufacture a sword without a valid legal exemption.
  • Age Restrictions: Selling any sharp knife or regulated blade to individuals under 18 is strictly prohibited.
  • Heavy Penalties: Unlawful possession of a prohibited weapon carries fines up to $20,000 or a maximum of two years in prison.
  • Increased Policing: Police maintain expanded powers to conduct wand-based metal detection searches without a warrant in major public spaces, shopping centers, and transit hubs. [12]

How the Exemption Process Works

Unlike other regulated items, individuals do not apply for a physical permit or licence through the police. Instead, exemptions operate automatically under Schedule 2 of the Summary Offences Act 1953 (SA).

To legally possess a sword, an individual must automatically qualify under one of these recognized categories:

  • Sporting and Recreation: Current members of recognized clubs, such as historical re-enactment groups, fencing clubs, or martial arts schools.
  • Official Collectors: Genuine collectors who maintain documented collections and allow police inspections upon request.
  • Heirlooms: Legitimate family heirlooms or items of significant cultural heritage.
  • Religious Purposes: Blades required for official ceremonies or doctrines of a recognized religious group.
  • Entertainment: Items used exclusively for professional theatre, film, television, or educational productions.

Strict Responsibilities for Exempt Owners

Fitting into a category is only the first step. To maintain their exempt status, owners must strictly follow these rules:

  • Declare the Exemption: When purchasing a sword, buyers must identify the specific legal clause they fall under to the retailer.
  • Secure Storage: Swords must be kept securely locked at a private residence to prevent any unauthorized access.
  • Lawful Transport: Weapons must be completely concealed during transit and only carried in public for a direct, lawful reason related to the exemption.

WESTERN AUSTRALIA: Weapons Act 1999

In Western Australia, Tai Chi swords (including straight swords and broadswords) are classified as edged weapons under the Weapons Act 1999. While you can legally own them for martial arts practice, you must strictly follow the law when transporting them.

  • Lawful Excuse: Training in a legitimate Tai Chi or martial arts school is a valid legal reason to possess and transport a sword.
  • Safe Transport: When traveling to and from class, your sword must be securely wrapped, packed away out of sight (e.g., in a bag in your car boot), and transported directly without unnecessary public stops.
  • Public Display: Never brandish or expose your sword in a public place outside of your designated training venue. Doing so can lead to severe fines or imprisonment.
  • Age Limits: You must be 18 years or older to purchase or be supplied with a sword in WA.
  • Police Scans: Police can conduct random metal detector scans without a warrant in designated entertainment areas (like Northbridge, Fremantle, and Scarborough). Always cooperate fully if approached.

NORTHERN TERRITORY: Weapons Control Act 2001

In the Northern Territory, standard martial arts swords are classified as controlled weapons. This means you can legally own them, but you must follow specific rules when transporting them to and from training.

  • Home Ownership is Legal: You do not need a license or permit to purchase, own, or keep a Tai Chi sword at home for training or display.
  • Public Carry Requires an Excuse: It is illegal to carry a sword in a public place or school without a lawful excuse.
  • Tai Chi is a Lawful Excuse: Participating in an organised martial arts class, demonstration, or event is recognized as a lawful excuse.
  • Self-Defence is Not Allowed: Carrying a sword for personal protection or self-defence is strictly illegal.

How to Safely Transport Your Sword

To ensure you are complying with the law when traveling to and from Tai Chi class:

Keep it Concealed: Always transport your sword completely covered in a dedicated carry bag or case. It should never be visible to the public.

Secure It: Place the bagged sword in the boot of your car while driving, keeping it out of reach of the driver and passengers.

Travel Direct: Only carry your sword when traveling directly to or from your training venue. Do not take it into shops, cafes, or other public spaces on the way.

TASMANIA: Police Offences Act 1935

Recent updates under Tasmanian law mean there are strict rules about carrying weapons in public.

Here is what you need to know to stay safe and compliant:

Ownership & Private Practice

  • Completely Legal: It is perfectly legal to buy, own, and collect swords in Tasmania for martial arts purposes.
  • No Permits: You do not need a special weapons licence or permit to own a Tai Chi sword or keep it at home.
  • Home Practice: Training with your sword on private property or inside a private venue is fully permitted.

Transporting Your Sword to Class

  • Lawful Excuse: Under the Police Offences Act 1935, you cannot carry a sword in public without a “lawful excuse”. Attending a formal Tai Chi class or martial arts demonstration is considered a valid lawful excuse.
  • Safe Travel Only: When travelling to and from class, your sword must not be visible. It should be securely stored in a proper carry bag or case.
  • Direct Routes: Always travel directly between your home, vehicle, and training venue. Never carry a training sword into shops, cafes, or public transport exposed.

Police Powers & Public Spaces

  • No Self-Defence: Carrying any blade for “personal protection” or self-defence is strictly illegal.
  • Increased Security: Police have broad powers to use hand-held metal scanners (“wanding”) in public transit areas and designated zones.
  • Wooden/Unsharpened Blades: While unsharpened metal or wooden training swords are safer, they can still be classified as “dangerous articles” if carried openly in public. Always transport them concealed in a bag.

AUSTRALIAN CAPITAL TERRITORY: Prohibited Weapons Act 1996

Here is what you need to know to stay safe and compliant under the ACT Prohibited Weapons Act 1996:

Owning a Tai Chi Sword is Legal

Standard Tai Chi training swords (whether unsharpened metal, wooden, or carbon fibre) are legal to own privately in your home in the ACT. You do not need a special licence or police permit to purchase or own one for martial arts purposes.

Note: “Sword canes” or blades disguised as walking sticks are strictly prohibited. Always use standard martial arts training equipment.

Public Transport Requires a “Lawful Excuse”

It is an offence to carry a sword in a public place (including parks, ovals, halls, or public transport) without a lawful excuse.

Attending an organised martial arts class, workshop, or demonstration is recognized as a valid, lawful excuse.

Important: Self-defence is never considered a lawful excuse under ACT law.

Guidelines for Traveling to Class

To ensure you never have an issue with ACT Policing when travelling to and from our Tai Chi classes, please follow these simple rules:

  • Conceal Your Sword: Never carry an exposed sword in public. Always transport your sword entirely enclosed inside a secure martial arts bag, violin case, or heavy-duty wrap.
  • Travel Directly: Go straight from your home to the training venue and back. Avoid carrying your cased sword into shops, cafes, or other public venues along the way.
  • Carry Proof: Keep proof of your club membership or class registration handy. If you are stopped by authorities, this immediately verifies your lawful reason for transporting the equipment.

Disclaimer: This information is a general summary of Australian State Laws and does not constitute formal legal advice. Always check current Police guidelines for the latest regulations in your State or Territory.

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