Control of Body Armour

In Victoria, control of body armour carries a maximum penalty of 2 years imprisonment or 240 penalty units. Individuals are usually charged with this offence if the police believe that a person is in possession of a bullet proof vest or a similar article of clothing (i.e. a bomb suit).

A Court can impose any of the following penalties for this charge:

• Imprisonment (Jail – Full Time)
• Community Corrections Orders
• Fine
• Adjourned undertaking
• Discharge
• Dismissal
• Diversion

The Offence of Control Body Armour:

The offence of control of body armour is contained in section 8A of the Control of Weapons Act 1990 which states:

A person must not:

• Bring body armour into Victoria; or
• Cause body armour to be brought or sent into Victoria; or
• Manufacture, sell or purchase body armour; or
• Possess or use body armour –

without an exemption.

Definition of Body Armour:

Body armour means a garment or item that is designed, intended or adapted for the purpose of protecting the body from the effects of a weapon, including a firearm.

What Actions Might Constitute Control Of Body Armour?

• Ordering a bullet proof vest online for delivery to an address in Victoria;
• Driving in a vehicle with a bomb suit on the passenger seat;
• Wearing medieval plate armour.

What the Police Must Prove:

To convict you of controlling body armour, the prosecution must prove each of the following matters beyond a reasonable doubt:

You either:

• Brought into Victoria;
• Caused to be brought or sent into Victoria;
• Manufactured;
• Sold;
• Purchased;
• Possessed; or
• Used.

Body armour;

Without an exemption.

Possible Defences for Control of Body Armour:

• The item does not fall within the definition of body armour;
• You had an exemption or approval under the Control of Weapons Act to have control of the body armour;
• Duress;
• Lack of intent/honest and reasonable mistake.

Which Court Will Hear Your Matter ?

This is a summary matter and will be heard in the Magistrates’ Court of Victoria.