The Legality Of Pepper Spray In Australia

By Author: Chadi Irani
Total Articles: 70
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No one wants to be in a situation where they need to carry and use pepper spray, but as we all know, the world can be a dangerous place. However, one thing that most people don't know is that carrying and using pepper spray in Australia can be illegal in certain situations and circumstances. However, knowing when it's legal to carry and use pepper spray can give you peace of mind that you won't be breaking the law if something ever happens to you or someone you love. This article by one of the leading criminal lawyers Sydney takes a look at when it's legal to carry and use pepper spray in Australia.

Is It Legal To Carry Or Use Pepper Spray In Australia?

No. In fact, carrying or using pepper spray to defend yourself against a criminal attack is illegal. It's also illegal to carry or use any other kind of incapacitating agent like tear gas. Why? Because these kinds of devices are considered offensive weapons, and it's illegal for anyone to carry an offensive weapon without a permit.

What Are The Potential Penalties For Using Pepper Spray?

The penalties for using pepper spray are dependent on where it ...
... is used, what is sprayed and whether or not there was intent to harm. If an individual has permission to carry a licensed firearm and uses their weapon against another individual, they could face criminal charges. You can seek the help of the best criminal lawyers Sydney.

The maximum penalty for four sing prohibited weapons will be 14 years imprisonment in Australia. Though, for pepper spray, the maximum penalty is two years imprisonment.

The Permit System for Pepper Sprays

Pepper sprays are widely available but not widely legal. Many jurisdictions consider Pepper sprays offensive weapons and requires a permit or license to purchase or use them. In Sydney, you can legally purchase and carry pepper spray with a permit; otherwise, it's illegal to carry.

When is a Pepper Spray Permit Revoked or Suspended?

A Pepper Spray permit can be revoked or suspended by a court if you have been charged with assault, stalking, or any similar charge. This means that even if you were found innocent, your permit would still be revoked, and your pepper spray would either be confiscated by law enforcement or placed into storage with a local police department.

Getting arrested with Pepper Spray

In Sydney, it is illegal to possess, carry or use OC sprays; however an exemption applies for police officers and SES (State Emergency Service) officers when they are performing their duties. Pepper spray is illegal if used on anyone other than a law enforcement officer or those exempted under section 23W of Crimes Act 1900 NSW. It is also a crime to supply, administer, or make available pepper spray without being authorised under section 24I of Crimes Act 1900 NSW. You also be arrested for using pepper spray unlawfully by Police or using it against anyone who was not attacking you. These offences can result in fines of up to many thousand dollars and/or imprisonment for up to 2 years. Seeking the help of one of the top criminal law firms Sydney will help here.

Final Words

What to do if you're caught with pepper spray in Australia? Or what to do if you're facing charges for possession? Hire one of the leading criminal lawyers and save yourself from big trouble.