Pepper Spray and Self Defence (NT)

The Northern Territory government has announced that it will soon be allowing some civilians to carry pepper spray for self-defence purposes. The announcement comes in response to widespread concern about the prevalence of violent crime in the Northern Territory. This page outlines who will be allowed to possess the substance and under what circumstances.

What is pepper spray?

Pepper spray, or OC spray, is oleoresin capsicum. It comes in an aerosol and is used to incapacitate a person by temporarily blinding them, causing difficulty breathing and intense pain. The spray is made from chilli peppers, and sold under various brand names, including Mace.

In most states, it is carried by police, but classed as a prohibited weapon, and may not be carried for personal security.  However, in 2018, there was a push for the substance to be imported and legalized in all states.

12-month trial

The NT government is planning to commence a 12-month trial period, allowing the use of pepper spray for self defence by approved members of the public. The government will engage in consultation with police and other stakeholders before the trial begins. A community oversight reference group will be established to oversee the trial.

Chief Minister Lia Finocchiaro said that pepper spray would be available to law-abiding Territorians aged over 18 and that the NT was looking to replicate the model used in Western Australia. She said:

“It’s a practical step that balances personal responsibility with community safety, and we’ll be watching the outcomes closely through reporting and evaluation.” 

The opposition leader, Selena Uibo, said that the announcement was an admission of failure by the Country Liberal government, which was telling people to defend themselves because ‘it can’t do the job.’

Pepper spray in WA

In Western Australia, under the Weapons Regulations 1999, it is legal to carry pepper spray in some circumstances.

Under the regulations, pepper spray is classed as a controlled weapon, along with crossbows and swords. It is legal to carry or possess a controlled weapon for the purpose of lawful defence in a situation where a person has reasonable grounds to apprehend the need for self defence arising (section 7).

If a person uses or carries pepper spray and is subsequently charged with an offence, the onus is on them to show that they had reasonable grounds to apprehend the need to defend themselves might arise.

Retailers in WA have reported surges in sales of OC spray following widely reported incidents of public violence.

Responses to the laws

The legalisation of pepper spray for self defence has been met with a range of criticisms.

It has been pointed out that, like other items such as guns and knives that are carried for self defence, the spray could make users less safe, as it could be misused or used by accident.

It has also been argued that supporters of the new laws may have another agenda and that the substance may end up being used in vigilante behaviour or as an assault weapon.

Supporters of the changes argue that it makes sense to allow vulnerable people to protect themselves using a non-lethal and easy-to-use weapon, and that community members need to have more choices when it comes to self defence.

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