Western Martial Academies of Australia (WMAA) is currently a membergroup of the Australian Historical Swordplay Federation which has been recognised by the Victorian state government to having a legitimate reason for the possession of these “prohibited weapons” for the purposes of re-enactment/construction of historical martial arts.

WMAA as also applied to Department of Justice to be the representative industry body for Historical European Martial Arts.

For this reason we need checks and balances for every member group. This exemption is a not taken lightly and all member groups must meet the criteria required.

  • That they verify their individual members meet the criteria of a “non-prohibited person” (see below for definition of “prohibited person”).
  • can demonstrate how they communicate and verify the understanding of the requirements of the Act for this exemption to be valid (storage requirements, lawful use, etc)
  • that member groups properly communicate the mindset that understands that despite using blunt steel tool, that their “swords” replicate what was once a weapon and if misused can cause serious injury or even death.

Control of Weapons Act 1990

This exemption can be found here in a PDF of the Gazette (622kB).

A person seeking to rely on this Order is subject to the following conditions:

  1. When not being used in accordance with the purpose specified in this Order, swords must be stored safely and securely; and
  2. A person seeking to rely on this exemption must permit a member of the police force to inspect his or her storage arrangements at any reasonable time.

In this Order –
Act” means the Control of Weapons Act 1990;

stored safely and securely” means:

(a) stored in a manner calculated to ensure that the sword:

(i) is not readily accessible to a person other than the person seeking to rely on the exemption; and

(ii) is not available for possession, carriage or use by a person who is not themself a holder of an approval issued by the Chief Commissioner of Police or who does not fall within another class of exempt persons;

(b) when being transported between the usual place of storage of the sword and places at which the sword is legitimately used, the purpose of which is the subject of this exemption, stored in a manner calculated to ensure that the sword is not readily accessible to a person other than the person seeking to rely on the exemption and that the sword is concealed from plain sight during any such transportation;

participating“, in relation to a sport, includes receiving instruction in, practising, training,
teaching or competing in the sport.
For the purposes of this Order, a class or classes of persons specified in Column 1 of the Table set out in the Gazette does not include any person who is a prohibited person as defined in the Act.

Prohibited Person

A prohibited person, is defined in the Firearms Act 1996.

prohibited person” means-

(a) a person who is serving a term of imprisonment for-

(i) an indictable offence; or
(ii) an assault; or
(iii) an offence under the Drugs, Poisons and Controlled Substances Act 1981– or, in relation to a person-
(iv) not more than 15 years have expired since the person finished serving a term of imprisonment of 5 years or more for such an offence; or
(v) not more than 5 years have expired since the person finished serving a term of imprisonment of less than 5 years for such an offence; or

(b) a person who is serving a term of imprisonment in another State or a
Territory for an offence of a corresponding nature to an offence
listed in paragraph (a) or in relation to a person-

(i) not more than 15 years have expired since the person finished serving a term of imprisonment in another State or a Territory of 5 years or more for such an offence; or
(ii) or not more than 5 years have expired since that person finished serving a term of imprisonment in another State or a Territory of less than 5 years for such an offence; or

(ba) a person-

(i) who is serving a term of imprisonment for an offence under section 321 or 321A of the Crimes Act 1958; or
(ii) in relation to whom, not more than 10 years have expired since the person finished serving a term of imprisonment for an offence specified in sub-paragraph (i); or

(bb) a person-

(i) who is serving a term of imprisonment in another State or a Territory of the Commonwealth for an offence of a corresponding nature to an offence specified in paragraph (ba)(i); or
(ii) in relation to whom, not more than 10 years have expired since the person finished serving a term of imprisonment in another State or a Territory of the Commonwealth for an offence specified in paragraph

(ba)(i); or

(c) a person who is subject to-

(i) an intervention order under section 4 of the Crimes (Family Violence) Act 1987 or an order of a corresponding nature made in another State or a Territory; or
(ii) a community based order which includes a condition referred to in section 38(1)(b) of the Sentencing Act 1991; or
(iii) a supervision order under section 26 of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997- or, in relation to a person, not more than 5 years have expired since the person was subject to such an order; or

(d) a person, in relation to whom, not more than 12 months have expired since that person was found guilty by a court, whether in Victoria or in another State or a Territory, of-

(i) an offence against this Act, in relation to which it was open to the court to impose a term of imprisonment; or
(ii) an offence against any other Act involving the possession or use of firearms and in relation to which it was open to the court to impose a term of imprisonment; or
(iii) an indictable offence- and who is not, by virtue of the operation of any other paragraph of this definition, a prohibited person; or

(e) any person who is of a prescribed class of persons;