‘Jack’s Law’ has recently been passed following the death by stabbing of 17-year-old Jack Beasley in 2019 outside a Surfers Paradise convenience store while on a night out with friends. Jack’s Law empowers police officers to detect people carrying knives in public and has come into effect to help combat knife crime across Queensland.
The Police Powers and Responsibilities (Jack’s Law) Amendment Act 2023 arose as a result of experimental usage of metal detectors to detect knives in the Safe Night Precincts on the Gold Coast during May 2021 and November 2022. During this time, 241 firearms were seized, and 647 persons were charged with various offences. Machetes, screwdrivers, flick knives, knuckledusters, tasers and a replica gun were among items discovered.
Application of Jack’s Law
Pursuant to the Act, Police officers may employ a portable scanner/wand within the Safe Night Precinct, at a public transportation station, and on public transportation vehicles. This includes trains, trams, buses, and ferries, as well as at public transportation hubs. Safe Night Precinct within the following area will be subjected to the new law include:-
- Airlie Beach
- Brisbane
- Bundaberg
- Cairns
- Fortitude Valley
- Gladstone
- Inner West Brisbane
- Ipswich
- Mackay
- Rockhampton
- Sunshine Coast
- Toowoomba
- Townsville
Police officers will have exceptional powers to stop anyone at random and use a portable scanner/wand to inspect them without a warrant. They may also detain people as required to use their powers. However, they do not have the authority to search a person without a warrant outside of their powers to do so.
Laws surrounding knives and weapons in Queensland
Generally, it is illegal to physically possess a knife in a public place or a school unless you have a ‘reasonable excuse’ pursuant to section 51 of the Weapons Act 1990 (“the Act”). Reasonable excuses include for the purpose of performing a lawful activity, duty or employment, to participate in lawful entertainment, recreation or sport, for lawfully exhibiting the knife or for another lawful purpose. Some relevant examples of when a knife is permissible to be possessed in public include the following:-
- While working in primary production, such as a dairy farmer wearing a knife on his or her belt.
- A knife worn as part of a scout’s uniform on the belt, or as an accessory by a pipe band performer.
- A fisherman carrying a knife while fishing.
- A collector of knives may exhibit his or her collection at a carnival or other public event.
- A knife may be used to prepare or cut food at a public restaurant, at a picnic in a park, or other public food preparation events.
- A pen knife or swiss army knife may be carried for general usage.
- For legitimate religious reasons, such as the Sikh Kirpan, a knife may be carried in public as noted in Kamaljit Kaur Athwal v State of Queensland [2022] QSC 209 with certain exceptions.
Please note that carrying a knife for self-defence is illegal in Australia. If you are found with a knife in a public place, you face a $5,570.00 fine and/or one (1) year in jail.
Furthermore, if you are discovered carrying any other items which are classified as a ‘restricted item’ pursuant to section 67 of the Act you face a $1,437.50 fine.
If you are being questioned by police concerning weapons or replica firearms offenses, or if you have been charged with an offense, please contact our experienced criminal solicitors at Macrossan and Amiet Solicitors.
