Is the chances of being prosecuted likely for sending a knife to Australia?

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Skylla

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Ok, I probably should of checked before sending it to Perth but I sent my friend a colt knife for christmas and today she got a letter from customs saying they had siezed a knife. I looked more into it and I found this: The knife can either be returned to the exporter, seized and/or you could be
prosecuted and/or fined under the Customs Act 1901 it's possible but not likely right? The kicker is probably the blinder and handcuffs I sent with it...but those were more of a joke gift. I'm more concerned about being prosecuted. I sure as hell didn't know. Any advice? or do I have to worry? Anyhow thanks for any advice you can give on this matter.
 
What type of knife was it?

I am sure if you explain your honest mistake there would be no charge/fine and they'd just send it back.

http://www.austlii.edu.au/au/legis/wa/consol_reg/wr1999216/

For your info:

Item

Article

Description

1.

Acoustic shock weapon

An article made or modified to be used to emit sound so as to injure or disable a person.

2.

Ballistic knife

An article made or modified to be used to discharge a knife and includes the knife.

3.

Blow pipe

An article made or modified to be used to discharge a missile by air expelled from the mouth and includes the missile.

4.

Butterfly knife

A knife —

(a) having a 2 piece handle which folds together to cover both edges of the blade; and

(b) made or modified to be used to injure or disable a person or as a martial arts weapon,

and includes the martial arts weapon known as the butterfly knife or balisong.

5.

Catapult (with an arm brace)

A catapult made or modified to be used with an arm brace that fits or rests on the forearm to support the wrist from the tension of the elastic material used to discharge the missile (e.g. the article commonly known as the “Saunders Falcon Hunting Sling”).

6.

Commercially produced catapult (without an arm brace)

A catapult —

(a) made or modified to be used without the arm brace referred to in item 5; and

(b) made for commercial distribution.

7A.

Crossbow

An article made or modified to be used with one or 2 hands to discharge a missile by an elastic force across a stock grooved to direct the missile and includes the missile.

7.

Disguised knife or sword

A knife or sword disguised as part of another article and includes —

(a) a knife disguised as part of a belt (e.g. the article commonly known as the “Bowen” knife belt); or

(b) a sword disguised as a cane or stick.

8.

Electric shock weapon

An article made or modified to be used to discharge an electric current so as to injure or disable a person but does not include an approved electric shock case.

9.

Electromagnetic weapon

An article made or modified to be used to emit electromagnetic radiation so as to injure or disable a person.

10.

Extendable baton

A baton made or modified so that the length of the baton extends by gravity or centrifugal force or by any pressure applied to a button, spring or device in or attached to the handle of the baton.

11.

Flick knife or Switchblade

A knife —

(a) having a blade that is concealed when folded or recessed into the handle and that opens by gravity or centrifugal force or by any pressure applied to a button, spring or device in or attached to the handle of the knife; and

(b) made or modified to be used to injure or disable a person or as a martial arts weapon.

11A.

Gas dart

A device designed or adapted to kill or injure an animal by injecting a gas into the body of the animal (including a “Gas Dart”, “Farallon Shark Dart” or similar device).

12.

Knuckle dusters

An article made or modified to be worn across the knuckles of a hand so as —

(a) to increase the force at the point of impact of a punch or blow when striking another with those knuckles; or

(b) to protect the knuckles from injury when striking another with those knuckles.

13.

Knuckle knife

A knife made or modified to be held so that the blade protrudes between the knuckles or fingers of a hand (e.g. the article commonly known as the “Urban Pal” knife).

[14. deleted]


15.

Spray weapon
(not oleoresin capsicum)

A spray weapon made or modified to be used to discharge a substance other than oleoresin capsicum.
 
Sure you can! You're going to jail dude!


Actually, there are bigger worries going on for the Australian Customs and Justice Departments to worry about. I don't think it's worth their while to try and extradite you for anything. Notice that the letter was addressed towards your friend, not you. But if you do receive any sort of Australian court summons, just ignore it.

Now if you habitually sent contraband there, they may ad your name to a list so that anything you try to send will get inspected, and you may be asked a few embarrassing questions if you ever travel there.
 
lol thanks guys. It was a pocket knife a colton pocket knife, it had a 3 inch blade. It folded but the blade wasn't like pierce anyone sharp, it needed sharpened. If I get a summons in the mail I'll ignore it...I just got back from Jamaica last night so another international flight as much as I would love to go visit the courts of Australia and see my friend - I can't take another long flight just yet haha. I will probably visit there next year though and will keep that in mind. Thank you so much!
 
Like CWL said there are some serious issues with aussie customs and their knowledge of the laws..

The word on the street is no one handed folders or similar will be allowed in at present. Its only a law in QLD but a sydney importer let me know there is almost 0% chance of getting any one handed folder in through customs.

Kills me as the resellers have just doubled their prices and it looks likely I'll never own high end chris reeve or spyderco stuff :(

Ok to sell, but not ok to import?????? What the.. Damn you got me started :)
 
Are knives illegal in Australia? How do they eat their steak?

It doesn't appear that a manual folding knife is banned under the law. Seems a customs agent needed a new knife.
 
OP if you are from the US you have nothing to worry about. This type of thing happen to me a lot in my younger days ;). However you might have your friend check with someone who knows the law well before he attempts to claim the package. Her going to pick it is an acknowledgement that she did know an item was coming. If they know for a fact the item is legal then she could go get it but if there is a shadow of a doubt id just eat the loss.
 
Confiscation stories are pretty common, but I've never heard of anybody actually getting into trouble with the law for sending a knife into Australia.
Let's just hope they don't discover the crystal meth you hid inside the handles :D
 
If a knife has an adjustable pivot, crank it down right before boxing it up. It will help prevent it from being considered a "flick knife." Just act like you're mailing a knife to New York and you should be fine. :rolleyes::p
 
You can't be prosecuted for sending it provided that the knife was legal in your jurisdiction and not controlled by any export law (and enforcement of these are the responsibility of the US NOT Australia). By way of example.... we shall take a firearm part as an example... lets say the gas piston out of an FAL. It is valued under $100US and not listed under the state dept controls. You mail it to a friend in Australia they are the ones with the issue because, a gas system part is SPECIFICALLY listed as a prohibited import here, the Aust Customs ONLY have laws to enforce for import to (the importer is the recipient, who regardless of circumstances is responsible for the item) and export from the Australian borders.

Disassembling a blade is useless as the individual PARTS are listed in the Regulation now and if a knife is screwed down too tight to function then it is deemed as failing the test. It is so grey here with FOLDERS right now it is not worth it. All that said, I imported and Emerson A100 last year that was opened, inspected/tested and delivered. NONE of these knives are at all illegal in my state (NSW) it is only the issue of them crossing the boarder that arises.

Depending on the state (I am not sure about WA) the HANDCUFFS could have caused MORE issues as they ARE prohibited items in some states.... ;)
 
FortyTwoBlades said:
If a knife has an adjustable pivot, crank it down right before boxing it up. It will help prevent it from being considered a "flick knife." Just act like you're mailing a knife to New York and you should be fine. :rolleyes::p
Click to expand...

I resent that remark!! It's not like trying to send a 3" auto knife to California!! :foot:
 
JDieseljoe69 said:
I resent that remark!! It's not like trying to send a 3" auto knife to California!! :foot:
Click to expand...

Interesting, I'm sure myself and many others have had no issues with sellers sending autos to CA. Even some of the dealers on this website will do it without a hitch.
 
I doubt you have a lot to worry about, but I wouldn't try it again with an "illegal" knife. I have sent a few knives to the UK. I had sent a few small-ish fixed blades to friends with no problem. Then one day I sent a CRK&T ER knife that was bright orange, has serrations, a belt cutter, a glass breaker, and a locking blade to a friend over there declared as a rescue tool, exactly like it is marketed. My thinking was that since the friend is ex army and on a rescue unit that he would at least be able to use it at work. This wasn't the case. Ironically it was the declaration of "rescue tool" that raised their suspicions and they searched the box. They seized the knife, and some otherwise legal items, and sent my fiend a notice of the seizure. Neither of us got the knife, but neither of us went to jail. I have since sent other small-ish fixed blades there with no problems at all, I've never sent another "illegal" knife there, and INTERPOL hasn't showed up on my door step...yet.
 
You won't be prosecuted and Australian customs are a bunch of twats when it comes to knives.

Shane
Perth West Aust
 
Andy the Aussie said:
You can't be prosecuted for sending it provided that the knife was legal in your jurisdiction and not controlled by any export law (and enforcement of these are the responsibility of the US NOT Australia). By way of example.... we shall take a firearm part as an example... lets say the gas piston out of an FAL. It is valued under $100US and not listed under the state dept controls. You mail it to a friend in Australia they are the ones with the issue because, a gas system part is SPECIFICALLY listed as a prohibited import here, the Aust Customs ONLY have laws to enforce for import to (the importer is the recipient, who regardless of circumstances is responsible for the item) and export from the Australian borders.

Disassembling a blade is useless as the individual PARTS are listed in the Regulation now and if a knife is screwed down too tight to function then it is deemed as failing the test. It is so grey here with FOLDERS right now it is not worth it. All that said, I imported and Emerson A100 last year that was opened, inspected/tested and delivered. NONE of these knives are at all illegal in my state (NSW) it is only the issue of them crossing the boarder that arises.

Depending on the state (I am not sure about WA) the HANDCUFFS could have caused MORE issues as they ARE prohibited items in some states.... ;)
Click to expand...

:thumbup:

Customs would most likely loosen the pivot if it was tightened and if it has a thumb stud or anything else for 1 hand opening it will be confiscated
 
Apec said:
Interesting, I'm sure myself and many others have had no issues with sellers sending autos to CA. Even some of the dealers on this website will do it without a hitch.
Click to expand...

In California there is a 2" or smaller law on auto's. Everyone seems to think you can not carry a "flickable" knife in New York, but no law enforcement officer I have talked to says that it is illegal. NYC and the rest of the state are very different!
I can legally carry a auto knife while hunting, but any other time is questionable.
 
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