Legal to own lockpicks in Australia? Need accurate answer

[greyman]

Wow, this is my first post in years, it feels weird

I have a question I'm sure has been asked before but I didn't find a sufficiently specific answer after a search, so here goes:

I need to know if it's legal to own (and possess at one's house) lockpicks in the state of NSW in Australia. I know it's not legal to carry them, unless your a locksmith on business. I'm after an accurate legal answer on this.

For those who don't know me, I'm the guy who wrote "High Security Mechanical Locks" back in 2007. Obviously I needed tools to write that book but now, with the government changing the laws all the time to increase police powers, etc, I'm not sure if it's even legal to own 'picks.

Specific tools: "regular" lock picks sets and two-in-ones (lever lock picks).

Thanks for your help.

greyman

[RumballSolutions]

Hi Graham,

Big fan of the book, excellent reference piece - I use it frequently.

To clarify - you have no issue with possession in the home. In fact, if carrying with a lawful purpose (like attending a locksport meeting) and not with intent to commit a Break and Enter, then you would also be fine outside the home. Obviously, use common sense and discretion when out in public, but to my knowledge there is no specific offence for possession of lockpicks.

Usual disclaimer - I'm not a lawyer/barrister.

I am however a former NSW police officer - Detective Sergeant of 12 years. Resigned in 2012, but to my knowledge there has no huge change in legislation.

[Squelchtone]

A Twitter buddy from Sydney linked me to this free e-book on lock pick laws in Australia, please take a look

https://www.pickpals.com.au/laws-lock-p ... australia/

Squelchtone

[RumballSolutions]

The Australian Locksport Guild in Sydney is quite active and has member meetings. Grey man may want to get in contact with them. I'm sure that they would appreciate having him involved with his wealth of knowledge.

Locksport is evolving quickly in Australia and there are now multiple Australian based suppliers for tools and equipment. A far cry from just 20 years ago where the choices were to make your own or import from the US.

[greyman]

Thanks everyone. I really appreciate your help. I will check out the link provided by Squelchtone and follow up RumballSolutions's idea to contact the Australian Locksport Guild, which sounds like a good idea.

If anyone else has suggestions, please add them to the thread.

Cheers
greyman

[greyman]

The e-book from PickPals is a very useful resource. It sets out the legal situation in Australia regarding owning and carrying lock picks, which varies from state to state. One of the strictest states seems to be NSW. Quoting from the e-book:

"In the state of New South Wales, a person may be found guilty of an offence if they have in their possession, without a lawful excuse, any tool that is capable of being used to break into a premises, vehicle or a safe (section 114(1)(b) of the Crimes Act 1900 (NSW))."
It goes on to explain that this is a strict liability, i.e., intention to commit a crime does not have to be proved.

It goes on to say:
"Possession is not limited to carrying lock picking tools on your person and may, in certain circumstances, extend to keeping lock picking tools in e.g. your vehicle."

One can conclude that owning lock picks and not carrying them around on you or in your car is OK since there is always a lawful excuse: i.e. you are a lock sport enthusiast and use them only to pick locks that you own.

As soon as you start carrying them around, it gets a little bit murkier and it would seem advisable to have proof of a "lawful excuse", e.g., a document showing your membership to a lock picking association and that you are en route to a competition.

[GWiens2001]

The "any tool" clause is found in many jurisdictions in the US and can include anything. Rocks and sticks included.

Gordon