Pepper Spray Australia - Legal to Sell?

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Danielsun

Active Member
12 January 2015
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Hello,
I was wondering if it is legal to sell pepper spray online in Australia?
I am wondering if it is legal to sell pepper spray (also known as mace spray or capsicum spray) to Western Australians and Tasmanians online, or if permits are required?
If it is legal to sell pepper spray in the rest of Australia what laws (e.g. Australian Law) and regulations are involved, etcetera?

Any input will be greatly appreciated. Thank you.
 

Tim W

Lawyer
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28 April 2014
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Hello,
I was wondering if it is legal to sell pepper spray online in Australia?
I am wondering if it is legal to sell pepper spray to Western Australians and Tasmanians online, or if permits are required?
If it is legal to sell pepper spray in the rest of Australia what laws and regulations are involved, etcetera?

Any input will be greatly appreciated. Thank you.
No, it isn't.
 
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Danielsun

Active Member
12 January 2015
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I believe it is legal to sell and buy in Western Australia, infact I know it is legal to carry for self defence in Western Australia and that their are a number of companies selling the product. Can I please get a second opinion?
 

Tim W

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The questions you asked were:
I was wondering if it is legal to sell pepper spray online in Australia?
To which the answer is - "No, it isn't".
This is because, outside of Western Australia, possessing it
(which you would need to do fulfil an online order)
is unlawful.
and
I am wondering if it is legal to sell pepper spray to Western Australians and Tasmanians online, or if permits are required?
To which the answer is - "No, it isn't".
This is because, outside of Western Australia, possessing it
(which you would need to do fulfil an online order)
is unlawful.
Any input will be greatly appreciated. Thank you.
The
Weapons Regulations 1999 (WA) provides for certain limited circumstances
where an individual possessing cap spray is not committing an offence.
But that's not the question you asked.
 

Danielsun

Active Member
12 January 2015
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31
The questions you asked were:
To which the answer is - "No, it isn't".
This is because, outside of Western Australia, possessing it
(which you would need to do fulfil an online order)
is unlawful.
and To which the answer is - "No, it isn't".
This is because, outside of Western Australia, possessing it
(which you would need to do fulfil an online order)
is unlawful.The
Weapons Regulations 1999 (WA) provides for certain limited circumstances
where an individual possessing cap spray is not committing an offence.
But that's not the question you asked.

I do greatly appreciate your advice, but no, it is completely unnecessary to possess pepper spray in order to sell it, in fact it is even unnecessary to even touch the product. Perhaps you could assist me in answering the question again if it is illegal to sell online in light of this new information. A second opinion would as always be greatly appreciated.
 

Danielsun

Active Member
12 January 2015
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0
31
I would also like to know what the laws are regarding the importation of pepper spray although I am fairly certain it is damned near impossible to get a permit. The actual relevant laws or even an explanation in mainstream english would be perfect. It would probably even make this a very popular thread?

Thanks.
 

Sarah J

Well-Known Member
16 July 2014
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Melbourne, Victoria
Hi Danielsun,

Importing cap spray is tightly regulated by Australian customs and you will need special permission from customs to import it: see "Prohibited and restricted imports: forearms and weapons"

To have permission, you must ensure customs that the goods will be used by authorised end users (e.g. police): see "Australian border control service: imports and export controls on anti-personnel sprays"

Given that possessing cap spray (and other anti-personnel weapons) by the general public is unlawful in all states and territories, importing such sprays for general consumption, knowing that the end-users will be committing a crime by possessing it, and making money off the people who will be breaking the law, is illegal in itself because you are aiding and abetting and perpetuating a crime. Hence, without a permit, importing and selling cap spray is illegal even without express prohibition by Australian customs.
 
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Tim W

Lawyer
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28 April 2014
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Oh, and just to be clear - you (as the seller)
can be prosecuted for the offences to which @Sarah J refers
even if the item itself is delivered to your customer
by a third party from overseas.
 
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