Queensland: Important legislative changes regarding sale of knives and other ‘controlled items’

The Queensland Government has passed the Summary Offences (Prevention of Knife Crime) and Other Legislation Amendment Act 2024 which will amend the Summary Offences Act 2005 (QLD) (the Act) to restrict the sale of knives and other ‘controlled items’.

The following obligations take effect on 1 September 2024.

A ‘controlled item’ is any of the following:

1. a knife, other than an exempt knife;
2. a sword, machete or axe;
3. a sickle or scythe;
4. a spear gun;
5. a spear;
6. a restricted item under the Weapons Act 1990, section 67 that is a replica of a firearm under that Act; and
7. a thing prescribed by regulation to be a controlled item.

This law does not restrict the sale of an exempt knife which is one of the following:

1. A plastic or wooden knife designed to be used for eating;
2. a knife with a rounded or dull edge (for example, a butter knife); or
3. a knife designed for use as a cheese knife.

Your obligations:

A person must not sell a ‘controlled item’ to a minor. A minor is a person under 18 years of age.

Commercial sellers must instruct employees about sale of controlled items

You must instruct employees that if they disregard either of the following instructions and sell a controlled item to a minor, they commit an offence against section 19I of the Summary Offences Act 2005 (QLD):

1. You must not sell a controlled item to a minor in any circumstances, even if the sale is for, or is claimed to be for, an adult; and
2. You must sight acceptable evidence of age for a person before selling a controlled item to the person, unless satisfied the person is an adult.

You must obtain written acknowledgement from the employee that they have received the above instructions and warning from you.

Retailers who do not abide by this requirement could be found guilty of a criminal offence and may be subject to financial penalties imposed by a court.

Commercial sellers must display prohibition signs

If any ‘controlled items’ are displayed for sale in the store, you must display a prohibition sign:

1. at each place where a controlled item is displayed at the outlet, so the sign is clearly visible to a person viewing the displayed item; or
2. at each point of sale at the outlet, so the sign is clearly visible to a person purchasing a controlled item.

If ‘controlled items’ are not displayed at the outlet, you must display a prohibition sign at each point of sale at the outlet, so the sign is clearly visible to a person purchasing a controlled item.

A prohibition sign must comply with regulation.

Retailers who do not abide by these requirements could be found guilty of a criminal offence and may be subject to financial penalties imposed by a court.

Commercial sellers must secure particular ‘controlled items’

If you offer for sale any of the following ‘controlled items’, you must ensure that the item is securely stored at all times, except when a person is in physical possession of the item:

1. a dagger that is a double-edged blade;
2. a knife with a blade at each end;
3. a sword, machete or axe;
4. a sickle or scythe;
5. a spear gun;
6. a spear;
7. a bladed item prescribed by regulation.

An item is securely stored under the Act if it is either stored in a locked room, cage, cabinet or container; or securely tethered.

Prohibited features of ‘controlled items’

It is prohibited to sell or display for sale a ‘controlled item’ with particular features to any person, regardless of age.

The features of a ‘controlled item’, or the way it is sold, must not –

1. indicate or suggest the item is –
   1. suitable for combat; or
   2. intended to be used for violence, whether actual or threatened, against a person or fictional creature (for example, a zombie); or
2. be likely to stimulate or encourage violent or criminal behaviour that involves using the item.

‘Features’ of a ‘controlled item’ include:

1. the images, words or markings on the item, or
2. the images or words in an advertisement for the item, or
3. the packaging of the item, or an associated item, e.g., a knife sheath sold with the knife.

Examples of images, words or markings, include depiction of blood or skulls and the words ‘killer’ or ‘slayer’.

According to the Act, a controlled item is not taken to have features, or be sold in a way, that indicates or suggests the item is suitable for combat only because of a depiction or description of the item being used in a lawful way. If you would like assistance with understanding how this exception applies to a particular ‘controlled item’, its advertising, or packaging, please contact our Employment Law team for advice on 1800 888 479.

Retailers who do not abide by these requirements could be found guilty of a criminal offence and may be subject to financial penalties imposed by a court.

Exemption in anti-discrimination legislation

Federal and state anti-discrimination legislation contains provisions to protect a person from age-based discrimination.

Because the Act requires you to refuse to sell ‘controlled items’ to a person on the basis that they are a minor, you will not be liable under Queensland anti-discrimination legislation for complying.

Recommended next steps:  

1. Prepare an internal register of items that meet the definition of ‘controlled item’ and circulate to managerial staff. Ensure to keep the list updated.
2. Secure any particular ‘controlled items’ that the Act requires you to secure.
3. Implement a policy that instructs employees on the lawful sale of a ‘controlled item’ and obtain their written acknowledgement of your instructions as per the Act.  Download a template policy prepared by MGAIBA.
4. Arrange a training meeting with employees to educate them on the operation of the policy and consequences for non-compliance.
5. Reprogram self-service checkouts (if any) so that a person cannot purchase a ‘controlled item’.
6. Once regulation is published, and before 1 September 2024, display prohibition signs which comply with the Act and regulation.
7. Ensure that new employees are trained at commencement in accordance with the above.

Additional Resources

• Queensland Police – End Knife Violence: https://www.police.qld.gov.au/initiatives/end-knife-violence
• Queensland Government – Summary Offences (Prevention of Knife Crime) and Other Legislation Amendment Act 2024 https://www.legislation.qld.gov.au/view/whole/html/asmade/act-2024-001
• For legal advice, please contact our Employment Law Team on 1800 888 479 (option 1)