Carrying a Knife in Queensland — What Is a Lawful Excuse?
Weapons — 2026-06-23 — by Sacha Sarah Smith, Civic Law
Charged with carrying a knife in public in Queensland? Section 51 of the Weapons Act 1990, the five categories of reasonable excuse, what does not count.
You were carrying a knife — your work knife, a pocketknife, a fishing knife, a multitool — and now you are facing a charge under section 51 of the <em>Weapons Act 1990</em> (Qld). The charge is possessing a knife in a public place without a reasonable excuse.
The offence itself is simple: you had a knife in a public place. The question that decides whether you are guilty or not is whether you had a lawful reason to have it on you at the time.
The Offence
Section 51(1) makes it an offence to physically possess a knife in a public place or a school, unless you have a reasonable excuse.
"Public place" is defined broadly in the Act — it means any place the public is entitled to use, is open to the public, or is used by the public. Roads, footpaths, parks, shopping centres, licensed venues, and anywhere else with public access. Section 51(8) goes further: a <strong>vehicle</strong> that is in or on a public place is itself a public place. A knife in your car on a public road is a knife in a public place.
"Physically possess" means the knife was on your person, in your bag, in your vehicle, or otherwise within your immediate physical control. You do not need to have it in your hand.
"Knife" also has a broader meaning than you might expect. Under section 51(8), it includes any thing with a sharpened point or blade that is reasonably capable of being held in one or both hands and being used to wound someone. This catches items beyond traditional knives — box cutters, certain tools, bladed instruments that are not sold as knives but have a sharpened edge or point.
Penalties
The maximum penalties are:
<strong>First offence:</strong> 50 penalty units (currently $8,345) or 18 months imprisonment
<strong>Second or later offence:</strong> 100 penalty units ($16,690) or 2 years imprisonment
If you posted about the offence on social media — advertising your involvement or the act itself — the penalties increase significantly: 100 penalty units or 2 years for a first offence, and 150 penalty units or 30 months for a second offence.
These are maximum penalties. Most first offenders do not receive imprisonment. But the gap between a fine and a jail sentence is real — and so is the difference between a conviction being recorded and a <a href="/criminal-records-explained-queensland">no-conviction order</a>. Both turn on how the matter is presented to the court.
What Counts as a Reasonable Excuse
Section 51(3) sets out four categories of lawful reason for carrying a knife in a public place, and section 51(5) adds a fifth. If your reason fits one of them, you have a defence: