Read the relative legislation from the Weapons act. This is whee the charge wording comes from. The charging officer needs to be able to prove the elements of the offence. The facts of charge written in the court brief cover all the elements of the offence and also negate any possible defences and that no lawful or emergent reason was given as to why the knife was in the vehicle. The relative legislation clearly states examples of what is considered lawful, and every police officers knows this. As for the comment that the officer charged the person to further his career, this is a simple offence. Not a career changing stat. The charges that are more serious are called indictable offences, and these are the charges that officers need if they wish to apply for plain clothes, investigating type roles.
51 Possession of a knife in a public place or a school
(1) A person must not physically possess a knife in a public place
or a school, unless the person has a reasonable excuse.
Maximum penalty—40 penalty units or 1 year’s
imprisonment.
(2) It is a reasonable excuse for subsection (1) to physically possess a knife—
(a) to perform a lawful activity, duty or employment; or
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Part 4 Possession and use of weapons
Current as at 1 July 2014 Page 85
(b) to participate in a lawful entertainment, recreation or
sport; or
(c) for lawfully exhibiting the knife; or
(d) for use for a lawful purpose.
Example for subsection (2)(a)—
1 A person may carry a knife on his or her belt for performing work
in primary production.
Examples for subsection (2)(b)—
1 A scout may carry a knife on his or her belt as part of the scout
uniform.
2 A person may carry a knife as an accessory while playing in a pipe
band.
3 A fisher may carry a knife for use while fishing.
Example for subsection (2)(c)
—
1 A person who collects knives may exhibit them at a fete or another
public gathering.
Examples for subsection (2)(d)
—
1 A person may use a knife to prepare or cut food at a restaurant in a
public place or when having a picnic in a park.
2 A person may carry a pen knife or swiss army knife for use for its
normal utility purposes.
(3) However, it is not a reasonable excuse to physically possess a
knife in a public place or a school for self-defence purposes.
(4) Also, it is a reasonable excuse for subsection (1), to the extent
the subsection relates to a public place, to physically possess a
knife for genuine religious purposes.
Example
—
A Sikh may possess, in a public place, a knife known as a kirpan to
comply with the person’s religious faith.
(5) However, it is not a reasonable excuse to physically possess a
knife in a school for genuine religious purposes.