Bills

Summary Offences (Knives and Other Weapons) Amendment Bill

Introduction and First Reading

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector, Special Minister of State) (15:21): Introduced a bill for an act to amend the Summary Offences Act 1953. Read a first time.

Second Reading

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector, Special Minister of State) (15:22): I move:

That this bill be now read a second time.

I am proud to introduce the Summary Offences (Knives and Other Weapons) Amendment Bill 2025 into this parliament. The safety of the community is a top priority for this government. South Australia has long had strong knife laws, particularly following reforms implemented by the Rann and Weatherill Labor governments. However, this government is committed to ensuring our laws remain up to date and effective. This bill represents the government's unreserved commitment to tackling knife and weapons-related crime in our community.

The introduction of this bill follows the release of the public discussion paper to examine how existing knife laws in South Australia might be strengthened. This public consultation received significant engagement, with over 100 YourSAy survey responses and 36 written submissions. The government worked particularly closely with South Australia Police to design laws that are not only strong but which can be used effectively by police officers on the ground.

The result of this extensive work is a package of reforms which will make our community safer. Unlike the opposition, we are not content to simply take one small measure and call it a day. We know that a holistic package is needed if we are to have confidence in our laws remaining effective. South Australia's criminal law already contains a range of offences and penalties relating to knives. This bill builds on that strong foundation and has been developed in reliance both on the substantial public feedback from the discussion paper and through extensive consultation with South Australia Police.

The bill reforms knife laws in South Australia in several key ways. It expands the ability of a police officer to scan people for weapons by using electronic metal detectors at declared public transport hubs, public transport vehicles and shopping precincts; at any public place where there is a likelihood of violence or disorder involving weapons; and at any time on a person in a public place if the person has, in the past five years, been convicted of certain offences or has been a member of a declared criminal organisation.

This bill will amend existing search powers to allow a police officer to detain and search a person who the police suspects on reasonable grounds is a person to whom a weapons prohibition order applies. The bill will allow police officers, by written notice, to request that a person leave certain areas if the police officer apprehends or believes on reasonable grounds that the presence of the person poses a risk to public order and safety, or that an offence of a kind that may pose a risk to public order and safety has been, or is about to be, committed by that person.

The bill will also create a new offence for a person to remain in the area after having been ordered to leave an area or vehicle or if they attempt to re-enter the area or vehicle in the 24-hour period after being served the order. The bill will also allow police officers to use necessary and reasonable force to remove the person from an area or vehicle if they have been ordered to leave and fail to do so or re-enter the area or vehicle.

It will create two new offences, which make it unlawful to supply a knife to a minor, knowing or having ought reasonably to have known that the minor will use the knife in the commission of an offence. It will ban the sale of knives to all minors, including those aged 16 and 17—with no exemptions. It will require that certain types of knives are subject to storage requirements at retail premises. It will require that prohibition notices are displayed at retail premises.

It will make amendments in anticipation of prescribing swords as a prohibited weapon by regulation, meaning they will be subject to more strict laws around their use and possession. Also in anticipation of the more strict prescription of machetes as prohibited weapons (again to be done by regulation), the bill will create an exemption to the prohibited weapons offences for gardening and camping purposes, which will apply only to machetes.

Finally, the bill will also expand the operation of offences relating to possession, carriage and use of weapons in schools to apply to 'education facilities', which are defined to include a childcare centre, a preschool or kindergarten, a primary or secondary school, a place at which an approved learning program is undertaken (within the meaning of the Education and Children's Services Act 2019), and a university, TAFE SA campus or other tertiary education facility. I will now outline in more detail each of the measures in the bill in further detail.

Metal detector police search powers.

The new metal detector police search powers proposed in this bill require the repealing of sections 72A, 72B and 72C of the Summary Offences Act 1953 that deal with metal detector and weapons searches, where the substance of these current provisions, as well as several new metal detector search powers, will be contained within a new part 14C. It will be an offence to hinder or obstruct a police officer (or a person accompanying a police officer) in the exercise of powers conferred under part 14C of the bill. It will also be an offence to refuse or fail to comply with a requirement made, or a direction given, under part 14C. The maximum penalty for each of these offences is $2,500 or imprisonment for six months.

While this offence already exists in the Summary Offences Act, the bill will expand the offence to apply to the exercise of the new search powers introduced by these reforms. The searches conducted under new part 14C must be by metal detector in the first instance, other than searches relating to anticipated incidents of serious violence between a group or groups of people. If metal is detected, the police officer may require the person to produce the items detected. If the person refuses or fails to produce any such item, the police officer will be able to conduct a search in relation to the person or property for the purpose of identifying the item, as if it were a search conducted under current laws on a person reasonably suspected of being in possession of an item contrary to law.

This is a well-established process in the Summary Offences Act, and the bill expands its operation to more public areas to better protect our community from violence. The various reporting obligations contained in the current section 72A(7) and 72B(9) of the Summary Offences Act have been replicated in the bill, and several additional reporting obligations have been included to reflect the new powers in the bill. The various safeguards contained in section 72C have also been replicated in the bill.

Special measures to prevent serious violence.

Existing section 72B allows for the search of persons on the authorisation of an officer of, or above, the rank of superintendent, where there is or may be an incident of serious violence involving a group or groups of people. For ease of reference in the Summary Offences Act, this section will be repealed and reproduced in new part 14C of the bill and, while there are minor changes to update the language and layout of the provision, the substance and effect will remain the same.

Metal detector searches for the deterrence of violence or disorder in public places.

Under the government's proposed bill, the Commissioner of Police will be able to authorise the use of search powers (which must be a metal detector search in the first instance) in relation to a specified public place if there are reasonable grounds to believe that an incident of violence or disorder may take place in the area and that the exercise of the powers is reasonably necessary to prevent the incident. The authorisation will be limited to a period of no more than six hours and must be by written instrument unless the commissioner is satisfied that circumstances of urgency exist, in which case the authorisation may be oral, provided that it is reduced to writing as soon as reasonably practicable.

Where an authorisation is made in relation to a specified public place, police officers would be empowered to conduct searches of any person who is in or is apparently attempting to enter or leave the place, and any property in possession of such a person, for the purpose of detecting the commission of an offence against part 3A of the Summary Offences Act.

Power to conduct metal detector searches of certain persons.

Under this bill, police officers will be authorised to conduct a search (which must be a metal detector search in the first instance) of any person who has, within the last five years immediately preceding the relevant time, been found guilty of an offence prescribed by regulation, or has been a member of a criminal organisation, for the purposes of detecting the commission of an offence against existing part 3A of the Summary Offences Act.

A police officer will be authorised to conduct a metal detector search of a person who meets this criteria and who is in, or is apparently attempting to enter or leave, a public place. Before carrying out the search, the police officer must provide the person to be searched with information including the grounds for the search, an explanation of the effect of hindering or obstructing a police officer, or refusing or failing to comply with a requirement made of the person (including the penalty for doing so). If the person to be searched so requests, the identification number of the police officer must also be provided.

Power to conduct metal detector searches at certain events and places.

This bill would also give new powers to police to conduct searches (again, via a metal detector search in the first instance) for the purpose of detecting the commission of an offence against existing part 3A of the Summary Offences Act of any person who is in, or apparently attempting to enter or leave, the following places:

licensed premises;

a public place holding a declared public event;

a declared shopping precinct;

a declared public transport hub;

a car parking area specifically or primarily provided for the use of patrons and customers of an area referred to in a preceding paragraph; or

a public transport vehicle providing a declared public transport service.

With respect to licensed premises, this bill reflects the existing powers within section 72A(3)(a) of the Summary Offences Act; however, the definition of 'licensed premises' will be expanded. Licensed premises are currently defined in the Summary Offences Act to include:

the premises defined in the Casino licence under the Casino Act 1997;

premises subject to a licence prescribed by regulation; and

premises in respect of which one of the following classes of licence is in force under the Liquor Licensing Act 1997; that is, a general and hotel licence, an on-premises licence, a restaurant and catering licence, a club licence, and a licence of a class prescribed by regulation, other than premises, or premises of a class, declared by the regulations to be excluded.

The current definition of licensed premises does not permit police officers to conduct metal detector searches in many of the licensed premises within which it is an offence to carry an offensive weapon pursuant to section 21C(3) of the Summary Offences Act—for example, for short-term licences and small venue licences. Therefore, the definition of licensed premises for the purposes of metal detector searches will be expanded by this bill to include all licensed premises within the meaning of the Liquor Licensing Act (other than any that are excluded by regulation).

The police commissioner's existing power to declare community, cultural, arts, entertainment, recreational, sporting and other similar events occurring in a public place for the purpose of metal detector searches for weapons under section 72A(3)(b) of the Summary Offences Act will remain. However, currently, a declaration in respect of a public event must specify that the declaration operates during the period for which the event is held. This means that police are not currently permitted to conduct searches prior to the event time.

The bill has rectified this so that the declaration must specify the period during which the declaration is in force (being a period commencing no earlier than the start of the day on which the event starts and ending no later than the end of the day on which the event ends). The commissioner will also be empowered through these reforms to declare shopping precincts, public transport hubs and public transport services for the purposes of metal detector searches for weapons. Certain additional criteria must be satisfied before such a declaration may be made. Before declaring a shopping precinct, public transport hub or public transport vehicle the commissioner must be satisfied:

that the exercise of the search powers is necessary or appropriate for the purposes of deterring or detecting the commission of offences involving the possession or use of a knife or other weapons in the shopping precinct or public transport hub;

that the exercise of the search powers is likely to be effective in detecting or deterring the commission of offences involving the use of a knife or other weapons in the shopping precinct or public transport hub; and

that the exercise of the search powers will not unduly affect lawful activity in the area.

Additionally, where a shopping precinct or public transport hub has previously been the subject of a declaration, the commissioner will be required to have regard to whether searches carried out previously identified persons carrying knives or other weapons.

Declarations of shopping precincts, public transport hubs and public transport services will be in effect until revoked by the police commissioner. The commissioner must revoke a declaration if they are no longer satisfied with the criteria. The commissioner will be required to publish declarations on the commissioner's website before the commencement of the period during which the declaration will operate.

A police officer will be required, if reasonably practicable in the circumstances, to notify a person prescribed in the regulations of the terms of the declaration and the intent to search persons during the specified times or during the specified period for which the declaration is in force. A police officer need only notify the prescribed person once in relation to each declaration, and failure to notify will not invalidate the exercise of the powers.

Weapons prohibition order search powers.

The Summary Offences Act currently provides that a police officer may detain and search a person to whom a weapons prohibition order applies, as reasonably required for the purpose of ensuring compliance with a weapons prohibition order. The existing search provision will be amended to allow a police officer to detain and search a person whom the police suspect on reasonable grounds is a person to whom a weapons prohibition applies.

Request to leave certain areas or vehicles.

The bill will give police additional powers, similar to those that apply in declared public precincts, that would allow police to order a person, or persons in a group, to leave the declared area or vehicle in certain circumstances. An order may be made if a police officer believes or apprehends on reasonable grounds that an offence posing a risk to public order and safety has been or is about to be committed, or if the person or the group of persons poses a risk to public order and safety. The order must be by notice in writing and served on the person personally and must specify the area to which the order relates, or, if the order relates to a public transport vehicle, specify the public transport service which the vehicle is providing. The order is operational for 24 hours.

The bill also makes it an offence for a person, who having been ordered to leave an area or a vehicle, to remain in the area or vehicle after having been so ordered, or to re-enter or attempt to re-enter the area or vehicle within a 24-hour period, commencing at the time the order was served on the person. The penalty for this offence will be a maximum fine of $1,250. If a person fails to leave an area or vehicle when ordered to, or re-enters an area or vehicle within the period specified in the written notice, a police officer will be empowered to use necessary and reasonable force to remove the person from the area or vehicle.

Unlawful supply of knives to minors.

This bill will also create a new offence of supplying a knife to a minor if the supplier knew, or ought reasonably to have known, that the minor intended or was likely to use the knife in the commission of an offence. There is no requirement that the minor actually use the knife in the commission of an offence. There will be two tiers of the new supply offences, dependent on the type of offence where the supplier is alleged to have known, or ought reasonably to have known, that the minor intended or was likely to commit using the knife.

For the new top tier offence, the supplier must have known, or ought reasonably to have known, that the minor to whom they supplied the knife intended or was likely to commit a serious offence of violence. A serious offence of violence will include various offences within the Criminal Law Consolidation Act 1935 in which harm, serious harm or death is caused to a victim.

For the new lower tier offence, the supplier must have known, or ought reasonably to have known, that the minor to whom they supplied the knife intended or was likely to commit an offence against section 21E of the Summary Offences Act—being possession of a knife in a public place or education facility. The maximum penalty for the new top tier supply offence is four years' imprisonment or a fine of $35,000. The maximum penalty for the lower tier supply offence would be six months' imprisonment or a fine of $10,000.

For the sale of knives to minors under the age of 18, currently, under section 21D(1) of the Summary Offences Act, it is unlawful for a person to sell a knife to a minor under the age of 16. Section 21D(1) will be amended to raise the age at which a person can lawfully purchase a knife to 18 years old, making it unlawful for a person to sell a knife to a minor under 18. The existing defence that applies to section 21D(1) will be amended to reflect this.

There will be no exceptions for minors under 18 to purchase a knife, even for the purposes of their education, training and employment, and they will need to rely on guardians, employers or training providers to supply knives to them if they are required for these legitimate purposes.

It is worth noting that certain knives are already exempt from section 21D(1) by the regulations, including razor blades permanently enclosed in a cartridge, or plastic or wooden knives intended to be disposed of after use. This new offence to raise the age for sale of knives with no exemptions is an unapologetically strong new measure from this government to protect our community from knife crime.

Consultation with the retail sector made clear that exemptions to the prohibition on selling knives to minors, even if well-intended, would create significant difficulty and confusion for retail staff. It is our view that a ban with no exemptions is the only way to ensure, as best we can, that knives are not available to be purchased by minors.

Certain knives to be kept secured in retail premises.

Under the proposed reforms, a person selling knives from retail premises will be required to ensure that any prescribed knives stored in that part of the retail premises to which members of the public are permitted access are either kept in a securely locked cabinet or container, securely tethered, or secured in any other manner prescribed by the regulations such that members of the public are not able to gain access to the knives without the assistance of the person, or an agent or employee of the person.

The maximum penalty for this new offence will be $10,000 and may also be expiated upon payment of a $1,000 fine. The new offence will not apply during an inspection of a prescribed knife by a prospective purchaser.

As with the prohibition notice requirements, retail premises will include a market stall, a temporary pop-up shop or any other premises or place, or premises or place of a class, prescribed by the regulations. The types of knives that will be required to be stored securely will be determined through regulations.

Display of notices in the sale of knives.

Under this bill it will also be an offence to sell knives from retail premises unless a prohibition notice is displayed regarding the age of sale of knives and other information relating to the lawful sale and use of knives. This notice must be displayed in a manner likely to be seen by customers at each point of the sale in the retail premises or at each area of the retail premises in which knives are displayed for sale.

The maximum penalty for this new offence will be $10,000. Again, an expiation fee of $1,000 will apply. A 'retail premises' will include market stalls, temporary or pop-up shops, or any other premises or place prescribed by the regulations.

This bill will also create an offence to sell knives by direct sales transaction (being a transaction in which the knife is to be delivered to or picked up from an address in the state). This is unless, in the case of a direct sales transaction taking place over the internet or using a website, the information prescribed by the regulations is published on the website through which the transaction occurred or, in any other case, the information prescribed by the regulations is given to the purchaser in accordance with any requirements set out in the regulations. Again, the maximum penalty for the new offence will be $10,000 with a corresponding expiation fine of $1,000.

It will be a defence to the direct sales offence to prove that the defendant did not know, or could not reasonably have been expected to know, that the knife was to be delivered to or picked up from an address in this state. The direct sales offence will ensure that bricks-and-mortar retailers are not unfairly disadvantaged by the provisions and to avoid potential displacement issues, such as minors turning to purchase knives online due to the increased barriers to purchasing knives from bricks-and-mortar retailers and the increased likelihood of their conduct going undetected by police.

The prohibition notice must contain the information set out in the regulations, which will relate to the age requirements for the sale of knives to minors, and must be displayed in accordance with the requirements set out in the regulations, including its required size and form.

Removal of the reference to swords from the definition of 'offensive weapon'.

The reference to a sword in the definition of offensive weapon in existing section 21A of the Summary Offences Act will be removed to prepare for the addition of swords and machetes to the list of prohibited weapons in the Summary Offences Regulations 2016. This is a technical change in anticipation of a change to the regulations requested by South Australia Police.

The removal of the reference to swords in the definition will in no way reduce the powers and safety around how swords are dealt with and will in fact increase the level of seriousness in which swords are ultimately regarded. Section 21A(1) contains a definition of an offensive weapon, which includes a non-exhaustive list of items that are included in the definition. Swords are included in that non-exhaustive list.

This amendment simply removes the reference to swords for consistency and clarity when the regulations are made. Once swords have been prescribed as prohibited weapons by the regulations it will be an offence to possess them without an exemption. The necessary changes to the regulations to consider swords and machetes as prohibited weapons will occur at the same time as the commencement of this corresponding legislative amendment.

New category of prohibited weapons exemption for machetes.

It is intended that machetes and swords will be prescribed to be prohibited weapons by regulation. In anticipation of this change there will be an exemption for gardening and camping purposes in the schedule of exemptions to the offence of manufacturing, selling, distributing, supplying or otherwise dealing in prohibited weapons. As previously mentioned, the exemption will apply only to machetes. Again, this legislative amendment will commence at the same time as the corresponding regulations.

Education facilities.

Finally, current section 21C(7) of the Summary Offences Act will be amended to make it an offence to, without lawful excuse, use or carry an offensive weapon that is visible in the presence of any person in an education facility or public place in a manner that would be likely to cause a person of reasonable firmness present at the scene to fear for their personal safety.

Similarly, section 21E will be amended to make it an offence for a person to, without lawful excuse, have possession of a knife in an education facility or public place. Previously, the offences within sections 21C(7) and 21E of the Summary Offences Act were limited to 'schools', defined as primary and secondary schools. An 'education facility' will be broadened and now defined to include a childcare centre, a preschool or kindergarten, a primary or secondary school, a place at which an approved learning program—within the meaning of the Education and Children's Services Act 2019—is undertaken and a university, TAFE SA campus or other tertiary education facility.

These amendments will not impact those persons who legitimately need to carry, possess or use knives in these locations for a legitimate purpose which constitutes a lawful excuse—for knives that are offensive weapons—or where the person is exempt pursuant to schedule 2 to the Summary Offences Act for knives that are prohibited weapons.

I am very proud of the government's actions in bringing this comprehensive knife crime reform package to this place. It has been a significant piece of work informed by a lot of hard work and diligence by many people and the close work of SAPOL, particularly the Commissioner of Police.

This government is committed to ensuring public safety and this bill is testament to that—containing a comprehensive suite of amendments targeting both prevention and law enforcement to ensure the safety of South Australians against knife crime.

I commend the bill to the chamber and seek leave to insert the explanation of clauses in Hansard without my reading it.

Leave granted.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

These clauses are formal.

Part 2—Amendment of Summary Offences Act 1953

3—Amendment of section 21A—Interpretation

This clause amends section 21A of the Act to insert definitions of terms used in the measure, and deletes swords from the definition of offensive weapon.

4—Amendment of section 21C—Offensive weapons and dangerous articles etc

This clause consequentially amends section 21C of the Act following the insertion of the term 'education facility' to replace 'school'.

5—Amendment of section 21D—Unlawful selling or marketing of knives

This clause amends section 21D of the Act to raise the age at which a person can lawfully buy a knife to 18.

6—Insertion of sections 21DA, 21DB and 21DC

This clause inserts new sections 21DA, 21DB and 21DC as follows:

21DA—Supplying knives to minors that are used in offence

This section creates 2 new offences committed where a person supplies a knife to a minor if they knew, or ought to have known, that the minor would intended or was likely to use the knife in the commission of a serious offence of violence as defined, or an offence against section 21E.

21DB—Certain notices to be displayed where retail sale of knives

This section requires sellers of knives to display certain notices in retail premises.

21DC—Certain knives to be kept secured in retail premises

This section requires retail sellers of knives to keep certain kinds of knives secured in parts of premises to which members of the public have access.

7—Amendment of section 21E—Knives in schools and public places

This clause consequentially amends section 21E of the Act following the insertion of the term 'education facility' to replace 'school'.

8—Amendment of section 21L—Power to search for prohibited weapons

This clause substitutes a new paragraph (a) into section 21L(2), clarifying that a police officer need only suspect on reasonable grounds that a person is a person to whom a weapons prohibition order issued by the Commissioner applies in order to search them for prohibited weapons.

9—Insertion of Part 14C

This clause inserts new Part 14C into the Act, providing for a series of powers to be conferred on police officers to conduct metal detection and other searches in the circumstances set out in the Part.

Procedural provision is made for declarations triggering the places in which searches can occur, how notice of proposed searches is to be given and how searches are to be undertaken.

A power to order a person to leave an area declared under the Part is also provided for.

10—Repeal of sections 72A, 72B and 72C

This clause repeals sections 72A, 72B and 72C of the Act, those sections now being subsumed into new Part 14C.

11—Amendment of Schedule 2—Exempt persons—prohibited weapons

This clause inserts new clause 25 into Schedule 2, providing exemptions for the use of machetes (which are to be declared to be prohibited weapons by regulation) for gardening or camping purposes.

Debate adjourned on motion of Hon. L.A. Henderson.