Are tasers legal in Australia? – Crime

In Australia, tasers are primarily used by law enforcement
officers like the police to incapacitate those who pose a threat to
themselves, others or the police.

Tasers are strictly regulated and subjected to guidelines which
aim to minimise their misuse. Police officers undergo training to
ensure that they are handling and operating tasers safely and
within strict protocols.

What is a Taser?

A taser is a conducted energy device (CED) primarily used to
incapacitate people as a non-lethal self-defence tool.

They have recently increased in popularity around the world.
While tasers may be used for protection by law enforcement
officers, taser laws and regulations vary and may affect the
eligibility of an individual to possess or use them.

Taser Laws in Australia

It is illegal for a civilian to own or use a taser in Australia.
Specific groups of people who are permitted to carry a taser are
limited by regulations.

In States where tasers are allowed under licences or permits, a
person will need to submit background checks, comply with training
requirements and provide a legitimate purpose for owning or using
tasers. The issuing authority may take into account things like job
responsibilities, unique situations, or dangers to one’s
personal safety.

Even in cases where tasers are lawfully owned, there are strict
regulations around their use. When someone uses a taser in a manner
beyond reasonable force or in non-defensive circumstances, they may
be charged with a criminal offence.

If you have been charged with such an offence, you should
contact an experienced criminal defence
lawyer to advise you on any defence strategies. Contact
Astor Legal on (02) 7804 2823 or email us at info@astorlegal.com.au.

Are Tasers legal in NSW?

Tasers are illegal in NSW under 
section 7(1)  of the Weapons Prohibition
Act  1998. The maximum penalty for possessing or
using a taser is 14 years imprisonment. If the matter is resolved
in the Local Court, the Magistrate can only impose a maximum term
of imprisonment of two years.

Generally, only government or law enforcement agencies are
granted permits to carry and use a taser.

When can Police use a Taser?

A police officer can use a taser if its use is reasonably
necessary to apprehend someone or stop them from escaping once they
have been arrested. This is specified in 
section 231  of the Law Enforcement (Powers
and Responsibilities) Act  2002. Using
a taser on a person constitutes an application of force. As such,
police officers must use tasers in accordance with Part
18  of the Law Enforcement (Powers and
Responsibilities) Act 2002.

According to section 230  of the same Act,
police are allowed to use force when it is reasonably required to
perform other signi?cant tasks that fall under their power, such as
giving a ‘move on direction’. However, it is arguable that
the use of a taser would not be reasonable in enforcing a ‘move
on direction’.

Regular police officers and specialist officers connected to the
Riot Squad or Tactical Operations Unit are permitted to use tasers
in New South Wales. In NSW, tasers may only be carried and used by
police officers in the course of their official responsibilities as
law enforcement officers. This means that they cannot use a taser
for personal use or outside their role as an officer.

Section 7(1)  of the Act sets out that a law
enforcement officer will be guilty of a criminal offence of possess
prohibited weapon if they use it unlawfully.

Under NSW Police standard operating procedures, officers are
able to deploy tasers at their own discretion after carefully
assessing the situation and deciding if it is reasonably
necessary.

Tasers may be used for the following legitimate purposes such
as:

• protecting human life;




• defending oneself or others from violent confrontation or
  resistance;




• protecting an officer or officers who could be in danger of
  being overwhelmed; and




• protecting people from animals.

Are Tasers Legal in Victoria?

Tasers are illegal in Victoria unless you have a permit. Tasers
are classified as controlled weapons under Section
3  of the Control of Weapons Act  1990
and Schedule 2  of the Control of
Weapons Regulations  2021.

Section 6  of the Control of Weapons
Act  1990 states that it is illegal to possess, carry, or
use a restricted weapon without a valid reason. The maximum
punishment for this is up to two years imprisonment or 240 penalty
units.

A person must receive an exemption under Section
8B  of the 
Control of Weapons Act  1990 
or Section 8C  of the Control of
Weapons Act  1990  to lawfully possess
and/or carry a taser in Victoria.

To get an approval, one must first submit an application. If the
application is accepted, the applicant will be given permission to
carry out any actions that are otherwise prohibited
by Section 5  of the Control of Weapons
Act  1990.

Are Tasers Legal in South Australia?

Tasers are illegal in South Australia under Section
21C  of the Summary Offences Act 
1953.

Under Schedule 1 of the Summary Offences (Dangerous
Articles and Prohibited Weapons) Regulations 2000, tasers
are classi?ed as dangerous weapons.

The maximum punishment for possessing a taser in South Australia
is imprisonment for 18 months or a fine of $7,500.

Are Tasers Legal in Western Australia?

In Western Australia, tasers are prohibited. The 
Weapons Act  1999 prohibits the use of
tasers as weapons including the ownership, use, or sale of tasers.
In Western Australia, the only permitted self-defense weapon is
pepper spray.

As to Section 6  of the Act, the maximum
penalty consists of a ?ne of $36,000 and three years of
imprisonment.

Are Tasers Legal in Queensland?

Tasers are illegal In Queensland unless you possess a Category R
Weapons Licence pursuant to the Weapons Categories
Regulation  1997.

Not even all police personnel are permitted to carry a Taser in
Queensland as it is an extremely restricted tool. Only officers on
patrol and members of the Special Emergency Response Team are
allowed to carry a taser. The rationale behind this is that they
are skilled in evaluating circumstances to determine whether using
a taser is the best course of action.

Police officers may use tasers only after they have completed
extensive training in risk assessment and safe handling. The M26
and X26 models of tasers are currently in use by Queensland
police.

Are Tasers Legal in the Australian Capital Territory?

Tasers are illegal in the ACT under the Prohibited
Weapons Act  1996. Under Part 1.4 of the Act, tasers
are defined as, “hand-held or other electric device designed
to administer an electric shock on contact, other than a piece of
medical equipment or electric prod designed exclusively for use
with animals.”

Section 5  of the Act stipulates that the maximum
penalty is 500 penalty units, ?ve years imprisonment, or both.

Are Tasers Legal in Tasmania?

Tasers are illegal in Tasmania under the Firearms
Regulations  2016. Tasers are classi?ed as “stun
guns” under Regulation 8, which makes them
prohibited ?rearms.

A ‘stun gun’ “”means a hand-held device, such
as the weapon commonly known as a taser, that is designed or
adapted to administer, either through direct contact or indirectly
through something conductive fired from the device, an electric
shock to a human being for the purpose of dazing, disorienting,
incapacitating, subduing or injuring that human being.”

The maximum punishment is a fine of 100 penalty units, up to two
years imprisonment, or both.

Are Tasers Legal in the Northern Territory?

Tasers are illegal in the Northern Territory under
the Northern Territory’s Weapons Control Regulations.
Schedule 2 of the Regulations lists
tasers as prohibited weapons as they are, “an article designed
or adapted to emit an electric current into a human body for the
purposes of incapacitation or injury.”

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.