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Temple of the Dark Moon

KNIFE LAWS IN SOUTH AUSTRALIA

On 17 December 2000 new changes to the South Australian Knife Laws came into effect. Although these changes were primarily aimed at getting illegal knives of the streets in the wake of a rising number of crimes committed using double-edged blades, these changes also caused a number of problems, especially for Pagans.

The following article was written by Frances (course coordinator of the Temple of the Dark Moon) for both the "Pagan Times", the magazine of the Australian Pagan Alliance (published in Issue 34), and the "Spiral Wheel", newsletter of the Pagan Alliance South Australia (published in the Summer Solstice 2000 edition).

Pagans, Knives and the Law

Schedule 2 of the Summary Offences (Offensive and Other Weapons) Amendment Act describes various "prohibited" weapons that will be illegal to own, possess or manufacture when these new amendments come into force. Amongst these weapons is a dagger, described as:

"A sharp, pointed stabbing instrument, ordinarily capable of being concealed on the person and having (a) a flat blade with cutting edges on both sides, or (b) a needle-like blade the cross section of which is elliptical or has three or more sides."

As many Pagans use ritual daggers which will now fall into this category, concerns were raised with the Attorney General by a number of Pagans, including Don McLeod (State Coordinator for the Pagan Alliance South Australia) and myself, to get Paganism included under Section 15 of the Regulations which deals with exemptions. After all, if the Freemasons were specifically exempted, is it not fitting that Pagans are exempt as well? To date, unfortunately, such attempts were unsuccessful.

The Attorney General, in later correspondence, has stated that Pagans can rely on Section 15(2a)(g) of the Regulations which states:

"A person who has possession of, or uses, a dagger for a religious purpose."

One problem I personally have with this subsection is whether the Police would view Paganism as an actual religion, bearing in mind there are no real laws governing what a religion actually constitutes. The opinion of both Snr Sgt Wallace and Snr Cons Creighton is that the Police are increasingly aware of minority religions, and they felt that this would extend to Pagans. Indeed, both officers stressed an interest in continuing to work with the Pagan community in relation to the changes to this Act. Although they were unable to state, at this time, exactly how Pagans would be affected from 17 December 2000, they stressed that when carrying ritual daggers at any time, commonsense should be exercised.

If you are carrying your ritual dagger, it is advised to wrap it in a piece of cloth and place it in the bottom of a bag, along with other ritual items, such as maybe a book of your particular tradition, or even a pamphlet on what Paganism is. If in a car, it would be advisable to have it stored in a box or container in the boot. This is to assure the Police that the dagger cannot be reached easily in the "heat of the moment", something that both officers stressed at the Pagan Forum.

If, for example, you are asked to have your bag or car searched, you can always decline, as, apart from being Pagans, we do have basic legal rights like everyone else. If, however, you asked whether you are carrying anything you should not, and you do in fact have your ritual dagger on your possession, it is best to be honest and cooperate with the Police. State you are carrying your ritual dagger as you are going to/coming from a religious ceremony, and whether the Police would like to have a look at it. You can then unroll the dagger in front of the Police, stating that as it is a religious item, you would prefer that they did not touch it. If you have a pamphlet on Paganism or something explaining your beliefs, you might ask the Police if they are interested in reading your material, which will explain why you use such an item in your ceremonies.

Unfortunately, this would not guard you against Police who are not interested in whatever reasons you may have, religious or otherwise, and see your dagger purely as a prohibited weapon. If they insist on confiscating your ritual dagger, the best advice is to remain calm. State again that as it is a religious item, you wish that it be handled with respect, although the arresting officer does not have control over the actions of others that your ritual dagger may eventually go to. Make sure that you obtain a receipt if your ritual dagger is confiscated. This will be necessary when you visit the appropriate station to retrieve your ritual dagger. The next step would be to attend the station where your ritual dagger has been taken to as soon as possible and ask to speak to whoever is in charge, usually the station commander. Explain your situation calmly again. You were carrying a religious item, which was taken from you, and you would like it back under Section 15(2a)(g) of the Regulations to the Summary Offences (Offensive and Other Weapons) Amendment Act. At the time of writing this article, I am not aware of the length of time one gets to retrieve a confiscated weapon, or even if it is in fact possible to do, so as such weapons do get destroyed. My advice is that you to attend to this as soon as possible.

If wrapping your ritual dagger up when you carry it seems too much of a bother, there is another way of avoiding problems and that is to be registered with the Police. This register of prohibited weapons appears to be similar to the firearm register, and involves a fee of $30.00. At the moment it is not known whether this fee is per item (which could be expensive if you own a number of weapons) or per person, or even how long for. What personal details are required for this register is also not known at the moment, nor is the fact of who will have access to the register. I personally did not like the idea of having my personal details on file somewhere for anyone to see just because of my religious or spiritual beliefs.

Due to the rise in violent crimes involving knives, both the Attorney General and the Police have felt these changes are necessary. But, as previously stated, until these amendments actually come into force, it is somewhat difficult to determine exactly how we, as Pagans, will be affected. General brochures on Paganism are available through Pagan Alliance South Australia. Once more information comes to light, you will be informed.

Since this article was written, the Temple of the Dark Moon had written to the Attorney General's office applying for a "class exemption" under which all students would be able to claim exemption from prosecution should they reside in South Australian. This application was refused. In correspondence received from the Attorney General dated 25 January 2001, the Hon K. Trevor Griffin wrote:

"The basis of your application is that members of the Temple of the Dark Moon possess and use daggers for religious purposes. Section 15 (2a)(g) of the Summary Offences Act already exempts a person who has possession of or used a dagger for a religious purpose and so a class exemption is unnecessary."

"If members do not wish to claim exemption on this basis, they may apply individually to the Commissioner of Police for exemption. Each application would be considered on its merits."

Mr Griffin also suggests reading Laws of Australian Vol 21 under the heading "Definition of Religion" which can be obtained from most of the University libraries within Adelaide.

Mr Griffin further suggests that if Pagans are persecuted by police officers, they may wish to make a complaint to the Police Complaints Authority. If persecuted by other Government departments, then a similar complaint can be made to the Ombudsman.

The Temple subsequently contacted the police to see whether the mention of "Pagan" would appear next to any names which are registered and were informed that this would not happen. However, "use for religious ceremonies" would appear.

The Temple of the Dark Moon is not, at this present point in time, completely satisfied with the assumption of the Attorney General that all officers of the police force will view Pagans as being exempted from these new law changes under Section 15(2a)(g) but feels that one can only wait and see. The Temple, therefore, reminds all students, as well as other Pagans who need to carry their double-edged blades, to do so with the utmost care.

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