ok
ta for the repons everyone
few things
depending on the state ( this is mostly NSW however I also have this where i live however I need to check more )
You have the right to defend yourself.
However the means you use must be justified.
If you use lethal force, you must be able to argue that your life - or that of some other - was directly threatened at that moment. IOW, you can't use lethal force against someone merely because they're in your house, after they've commenced to retreat, or if you have an opportunity to retreat.
You may not prepare to defend yourself. The theory is that if you have time to prepare, you also have time to retreat or call the cops. That means you aren't allowed to have a gun for self defence (or any other kind of weapon) but you ARE allowed to use anything that you "happen" to have available at the time. That is, if you can get it out of the gun-safe in time. If you do have time for that, you'll need rto give your lawyer a good argument as to why you had a gun out of the safe at (say) 2.00AM.
Same goes for any other item used as a weapon. If you have a baseball bat, you should also have a ball and a glove. Otherwise the prosecution can argue that your only reason for having the bat was as a weapon.
If you have a "weapon", then you must be planning to kill somebody. etc, etc.
NSW - thanks to John Tingle - has clarified the situation somewhat.
I am looking on more info on the laws though I will post it when I get it
