Executive Summary
Queensland’s blanket ban on pepper spray leaves vulnerable citizens—particularly women and the elderly—defenceless amid rising assaults.
With Western Australia legalising pepper spray under strict regulation and the Northern Territory trialling public access from September 2025, Queensland must reconsider its approach.
Decriminalisation under a framework of licensing, training, and product standards offers a pragmatic balance between public safety and self-defence rights.
Legal Status and Disproportionate Sentencing
Queensland currently classifies pepper spray as a prohibited weapon under the Weapons Act 1990, making possession without a permit punishable by up to seven years in prison. This penalty is more than double the sentence for common assault, which carries a maximum of just three years under the Criminal Code 1899. In effect, Queensland law treats carrying a non-lethal deterrent more harshly than committing an act of physical violence.
This stands in sharp contrast to Western Australia, where pepper spray is a controlled but legal weapon for self-defence with “reasonable grounds”, and the Northern Territory, which announced a 12-month trial beginning September 1, 2025, allowing approved adults to purchase low-percentage Oleoresin Capsicum (OC) spray for self-defence from licensed firearm dealers.
Crime Trends in Queensland
Queensland’s crime statistics reveal a concerning rise in violent offences. In 2023, the number of recorded assault victims rose by 12% (6,104 additional cases), reaching a total of 58,479. The assault victimisation rate climbed from 983 to 1,071 per 100,000 people—an alarming trend impacting everyday Queenslanders.
Operation Whiskey Legion
Recent law enforcement activity further underscores the issue. During Operation Whiskey Legion (up to June 30, 2024), police charged 2,072 adults and 441 juveniles with 6,225 offences—highlighting the persistence of violent crime, including youth offending.
Vulnerable Populations at Risk
Women and other vulnerable groups face heightened risks. Alarmingly, 61% of assaults (35,483 victims) were related to family and domestic violence. These figures underscore a lack of effective, non-lethal self-defence tools available to those at highest risk.
What is OC Spray?
OC spray—used widely by police and derived from chilli peppers—offers a proven non-lethal method for neutralising aggressors. It causes temporary eye irritation, coughing, and breathing difficulty, but rarely inflicts lasting harm. Law enforcement officers across Australia value OC spray for its ability to reduce reliance on more dangerous force options.
The Western Australia Model
Western Australia provides a valuable case study. There, pepper spray is legally available under controlled conditions, typically costing between $20 to $50 depending on size. No significant evidence has emerged linking its legalisation to increased violence or misuse. This indicates that pepper spray, when regulated, can be both accessible and safe.
The Northern Territory Trial
The Northern Territory’s trial, modeled after WA, will restrict sales to over-18s with no criminal history and distribute products exclusively through licensed dealers. The Northern Territory Police Force is leading the rollout, offering Queensland a live model of reform in action.
Addressing Concerns
Critics often cite potential misuse, accidental discharge, and violence escalation. These are legitimate concerns—but they can be addressed without a total ban. Regulation, not prohibition, is the more balanced path.
Queensland Laws Penalise Victims
Queensland’s laws currently force citizens to choose between vulnerability and criminality. A recent example in Mackay, where a man was charged for using pepper spray to repel a home invader, reveals a troubling dissonance: the law penalises individuals acting to protect themselves.
A Roadmap for Reform
Rather than maintaining outdated prohibitions, Queensland should prepare to follow based on real-world results. This isn’t about unrestricted access. A properly regulated scheme would uphold both public safety and the right to self-defence—reflecting modern criminal justice priorities rooted in evidence, not fear.
A phased rollout could ensure safety while gathering essential data. Recommended steps include:
- Age limit: 18 and over
- Criminal background requirements
- Sales limited to licensed dealers
- Low-concentration formulas only
- Optional basic use-and-safety training
Wider Public Benefits
Legal access to pepper spray could yield broader societal gains. Lower crime success rates may ease pressure on healthcare systems, reduce reliance on victim support services, and allow more efficient use of police resources.
Improved personal security could also boost quality of life and economic engagement for women, shift workers, and elderly Queenslanders—especially in high-risk areas.
Pepper Spray in Queensland: FAQ
What is the current legal status of pepper spray in Queensland?
It is strictly prohibited for civilians to possess or carry pepper spray for self-defence in Queensland. Carrying pepper spray can lead to criminal charges under the Weapons Act 1990, with penalties of up to seven years’ imprisonment.
How do Queensland’s pepper spray laws compare to other Australian states and territories?
Queensland is among the strictest jurisdictions in Australia. Western Australia allows adults to purchase pepper spray from licensed dealers after background checks. The Northern Territory will trial regulated access in 2025. Other states such as New South Wales, Victoria, South Australia, Tasmania, and the ACT largely prohibit or severely restrict public access.
Has regulated access to pepper spray led to increased crime in other regions?
No. Official crime and policing data from Western Australia show no significant increase in assaults or misuse since the introduction of controlled pepper spray sales. With background checks and strict controls, responsible access does not lead to spikes in improper use.
Why do supporters advocate for reforming pepper spray laws in Queensland?
Assault rates in Queensland rose 12% in 2023. Supporters argue that bans have neither prevented violence nor protected vulnerable groups. They contend that regulated access to pepper spray could serve as an effective deterrent and provide a vital self-defence option, especially for women, the elderly, and other at-risk groups.
What are the main concerns against legalising pepper spray?
The Queensland Government and Police highlight risks of misuse, increased dangers for officers, and public safety. Acting Police Minister Meaghan Scanlon states legalising pepper spray could introduce new risks, and the focus remains on broader community violence prevention initiatives.
What real-world examples illustrate the impact of current pepper spray laws?
Incidents like the Mackay attack highlight how current laws prevent bystanders from legally intervening during violent assaults due to the strict prohibitions on pepper spray possession and use.
If pepper spray laws were reformed, what safeguards should be considered?
Safeguards would include comprehensive background checks, licensing requirements, sales only through licensed dealers, clear product labelling, mandatory safe-use training, and accountability mechanisms for misuse to protect public safety while enabling self-defence.
What would pepper spray cost in Queensland if legalized, and where would it be sold?
Based on Western Australia’s model, pepper spray typically costs between $20-$50 depending on size and concentration. Sales would likely be restricted to licensed firearm dealers, similar to the Northern Territory trial model. This controlled distribution ensures proper record-keeping and prevents unauthorized sales while maintaining reasonable accessibility for law-abiding citizens.
What happens if someone uses pepper spray inappropriately – what are the penalties?
Under a regulated system, misuse would carry significant penalties. Western Australia imposes fines up to $36,000 and potential imprisonment for improper use. Queensland would likely implement similar deterrents, including potential loss of licensing privileges. The key difference from current laws is that legitimate self-defense use would be protected, while actual misuse would face appropriate consequences.
How effective is pepper spray compared to other self-defense options?
Police data shows OC spray has a 85-90% effectiveness rate in stopping aggressive behavior. Unlike physical alternatives, it works regardless of the user’s size or strength, making it particularly valuable for elderly or physically vulnerable individuals. It’s more effective than personal alarms and less dangerous than improvised weapons, while being completely non-lethal.
What self-defense alternatives are currently legal in Queensland?
Queenslanders can legally carry personal alarms, mobile phones for emergency calls, and use reasonable force in self-defense situations. However, no specifically designed self-defense tools are legally available for civilian carry. This gap leaves vulnerable people with limited practical options beyond avoidance and escape.
What if pepper spray is used against police officers?
This concern is addressed through strict background checks and licensing requirements. Police officers already face this risk from illegally obtained pepper spray. In Western Australia, there have been no documented cases of legally purchased pepper spray being used against law enforcement, suggesting proper regulation minimizes this risk while illegal possession continues regardless of laws.
What about accidental exposure to bystanders or children?
Modern pepper spray formulations are designed to minimize cross-contamination through targeted stream patterns rather than wide dispersal. Mandatory training would cover proper use techniques and environmental considerations. While accidental exposure can occur, effects are temporary and rarely cause lasting harm. Proper storage requirements would prevent child access.
How long do the effects of pepper spray last?
OC spray effects typically last 30-45 minutes, with most discomfort subsiding within 15 minutes. Unlike other weapons, there are no permanent injuries when used properly. This temporary incapacitation provides enough time for escape or police arrival without causing lasting harm to the aggressor.
Which politicians/parties support or oppose reform?
Currently, the Queensland Labor Government opposes reform, with Acting Police Minister Meaghan Scanlon citing public safety concerns. The LNP has not taken a definitive position, though some members have expressed openness to evidence-based discussions. Community advocacy and interstate trial results may influence future political positions as public opinion evolves.
A Call to Action
The blanket ban on pepper spray in Queensland is increasingly untenable. With assaults up 12% in 2023 and the Northern Territory trialing regulated access, Queensland risks falling behind on common-sense reform.
Police use, Western Australia’s model, and the Northern Territory’s forthcoming data all show that controlled access is viable and effective. The real choice is not between chaos and order—but between outdated prohibition and thoughtful, modern regulation.
Queenslanders who support evidence-based reform should urge the government to explore a regulated pepper spray trial. Contact the Police Minister at police@ministerial.qld.gov.au and reach out to your local MPs to advocate for safer, fairer self-defence laws.
“I urge Queensland to follow WA and NT in legalising pepper spray under strict regulations to protect vulnerable citizens.”
Sources
- Queensland Government. Weapons Act 1990, Section 50(1)(d). legislation.qld.gov.au.
- Queensland Government. Criminal Code 1899, Section 335. Accessed July 2025.
- Australian Bureau of Statistics (ABS). Recorded Crime – Victims, Australia, 2023. abs.gov.au
- Queensland Police Service. Operation Whiskey Legion media update, July 2024.
- WA Government. Weapons Regulations 1999 (WA), Controlled Weapons. legislation.wa.gov.au
- Northern Territory Police Media Statement. Pepper Spray Trial Announcement, May 2024.
- Australian Institute of Criminology. OC Spray Safety and Policing Use, 2020 report.
- ABC News. Mackay man charged after using pepper spray in home intrusion, March 2024.
- For a more recent perspective and a call to action on this vital issue, read our latest opinion piece: Your Voice, Your Safety: Taking Action for Pepper Spray Reform in Queensland.
© 2025 South Burnett Advocate (kingaroy.org)