Is pepper spray legal in Australia?

Often referred to as oleoresin capsicum (OC), pepper spray is one of the most commonly used self-defence tools in various countries. While widely legal for personal use in countries like the USA and Canada, pepper spray is heavily restricted in Australia. So, is pepper spray legal in Australia? This article explores the legality of pepper spray, the laws governing its use, and the penalties for possession across different states and territories.

What is pepper spray?

Pepper spray is a chemical irritant extracted from capsaicin, a chemical from peppers. It is dispensed in the form of a fine mist or liquid stream and is intended to cause the following effects:

• Extensive burning of the eyes and skin
• Temporary blindness
• Choking
• Choking and coughing
• Dizziness and frenzy

These results usually last 30 minutes to an hour allowing a victim adequate time to run away from any dangerous situation. Although pepper spray is used by police officers as a means to subdue hostile individuals, pepper spray is commercially available as a self-defense weapon for civilians in some countries.

Is pepper spray legal in Australia?

In Australia, the legality of pepper spray varies significantly across states and territories. Following is an overview of the legal status of pepper spray in each Australian state and territory.

1. New South Wales (NSW)

In New South Wales, pepper spray falls under the category of prohibited weapons as outlined in the Weapons Prohibition Act 1998. This means that possession, use, or sale of pepper spray without a special permit is illegal. Only law enforcement officers and security personnel with appropriate authorization can legally carry it.

2. Victoria (VIC)

In Victoria, pepper spray is classified as a prohibited weapon according to the Control of Weapons Act of 1990. The use, possession, or carrying of pepper spray is not allowed except when people are in possession of their special permit or Governor-in-Council exemption. The number of such permits issued is very few, and they normally end up with security professionals.

3. Queensland (QLD)

Queensland strictly prohibits the use of pepper spray for personal purposes. Pepper spray is classified as a restricted weapon by the Weapons Act 1990. Carrying pepper spray without an official state-issued permit is against the law. As in other regions, its use is restricted solely to law enforcement authorities.

4. South Australia (SA)

South Australia stands out as having some of the strictest firearm regulations in the nation. Under the Summary Offences Act 1953, pepper spray is classified as a dangerous item. Its holding or carrying by civilians is strictly prohibited and such special permit is seldom issued for purposes of self-defense.

5. Western Australia (WA)

Pepper spray is legal for personal defense in limited circumstances only in the state of Western Australia. Under the Weapons Act 1999, a person can lawfully possess pepper spray – referred to here as a controlled weapon – for the purpose of self-defense only if they have a reasonable excuse.

6. Tasmania (TAS)

In Tasmania, pepper spray is regarded as a prohibited weapon under the Police Offences Act 1935. It is strictly not allowed for civilians to possess or carry pepper spray; however, they may apply for a special permit to carry one. Special permits are usually issued to security and law enforcement personnel.

7. Australian Capital Territory (ACT)

In the ACT, the classifies pepper spray as a prohibited weapon under the Prohibited Weapons Act 1996. This means that possessing, selling, or using pepper spray is illegal unless a person has a special permit, rarely issued to civilians.

8. Northern Territory (NT)

Like most other states, the Northern Territory does not allow a person to carry pepper spray without proper authorization. According to the Weapons Control Act 2001, it is regarded as a prohibited weapon. Therefore, those individuals found carrying pepper spray without the proper permits may be given hefty penalties.

Penalties for possessing pepper spray in Australia

Since pepper spray is considered a prohibited or restricted weapon in most of Australia, it is illegal to possess, sell, or use it without a valid permit. The illegal possession of this weapon varies with the state, but the possible penalties include the following:

Hefty fines:

• Ranging from hundreds to thousands of dollars
• Confiscation of the weapon
• Criminal charges that lead to a criminal record
• Imprisonment for serious cases

Examples include:

• In NSW, a prohibited weapon such as pepper spray may attract a fine of up to $5,500 or two years imprisonment.
• In Victoria, unlawful possession may attract fines of more than $40,000 or up to two years in jail.
• In South Australia, the penalty for possessing a dangerous article without authorization may reach as high as $10,000 or up to two years imprisonment.

These draconian penalties are a sign of the seriousness the Australian authorities treat the use of pepper spray.

Alternative methods of self-defense in Australia

Since pepper spray is banned from self-defense in most of the parts of Australia, an individual seeking protection must look to other legal options. Some of them include:

1. Personal alarms

Personal alarms scream a loud whistle when turned on, which gives people time to call attention to an individual and may frighten the attacker off. They are legal in every state and have been known to work most of the time.

2. Training in self defense

Training in martial arts or self-defense would teach individuals to protect themselves if they find themselves in harm’s way. Practically speaking, most community centers and gyms offer courses for self-defense training.

3. Carrying a torch or whistle

A flashlight can blind an attacker momentarily if shone into his eyes. A whistle can alert people nearby to a threat.

4. Situational awareness

Always be cognizant of the surroundings; travel in groups, and avoid dark alleys as much as possible at night. In Australia, it is illegal for personal use of pepper spray in most states and territories. There is an exemption in Western Australia, whereby it is permitted with a reasonable excuse, and carrying, selling, or using it is a criminal offense.

Conclusion 

Australian laws regarding weapons and self-defense are tight, and if a person carries pepper spray without proper authorization, they risk fines, criminal charges, or jail time. For those people concerned about safety, there is always the lawful option of using a personal alarm, self-defense training, or even situational awareness. None of these is likely to deliver the immediate protection that a pepper spray could, but they do serve as lawful avenues toward improving safety.

Read also: What is capital murder under Australian criminal law?