* Australian Capital Territory: Pepper spray is a "prohibited weapon", making it an offence to possess or use it.
* New South Wales: Possession of pepper spray by unauthorized persons is illegal, under schedule 1 of the Weapons Prohibition Act 1998, being classified as a "prohibited weapon". 
* Northern Territory: Prescribed by regulation to be a prohibited weapon under the Weapons Control Act. 
** This legislation makes it an offense for someone without a permit, normally anyone who is not an officer of Police/Correctional Services/Customs/Defence, to carry a prohibited weapon.
* Tasmania: Possession of pepper spray by unauthorized persons is illegal, under an amendment of the Police Offences Act 1935, being classified as an "offensive weapon". Likewise, possession of knives, batons, and any other instrument that may be considered, "Offensive Weapons" if they are possessed by an individual, in a Public Place, "Without lawful excuse", leading to confusion within the police force over what constitutes "lawful excuse". Self-defense as a lawful excuse to carry such items varies from one officer to the next. 
** Pepper spray is commercially available without a license. Authority to possess and use Oleoresin Capsicum devices remains with Tasmania Police Officers (As part of general-issue operational equipment), and Tasmanian Justice Department (H.M. Prisons) Officers.
* South Australia: in South Australia, possession of pepper spray without lawful excuse is illegal.
* Western Australia: The possession of pepper spray by individuals for self-defense subject to a "reasonable excuse" test has been legal in Western Australia following the landmark Supreme Court decision in Hall v Collins [2003] WASCA 74 (4 April 2003).
* Victoria: Schedule 3 of the Control of Weapons Regulations 2011 designates "an article designed or adapted to discharge oleoresin capsicum spray" as a prohibited weapon.
* Queensland: in Queensland, pepper spray is considered an offensive weapon and can not be used for self-defence.