Cooper v Commissioner of Police [2022] NSWCATAD 195

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Cooper v Commissioner of Police [2022] NSWCATAD 195 Hearing dates: 25 May 2022 Date of orders: 15 June 2022 Decision date: 15 June 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: Naida Isenberg, Senior Member Decision: The decision under review in relation to: (1) the revocation of the Applicant's AB licence is affirmed. (2) the Applicant's application for a category ABD licence is affirmed. (3) the Permit to Acquire a B2 Centrefire rifle is affirmed. Catchwords: LICENSING – firearms false statements in applications – use of firearms contrary to licence – failure to notify change of use –– fit and proper person – public interest Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Firearms Act 1996 Firearms Regulation 2006 Cases Cited: Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321 Barlow v Commissioner of Police, NSW Police Force [2003] NSWADT 254 Comalco Aluminium (Bell Bay) Ltd v O'Connor (1995) 131 ALR 657 Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Cusumano v Commissioner of Police, NSW Police Service [2001] NSWADT 50 DMC v Commissioner of Police, NSW Police Force [2018] NSWCATAD 219 Esterman v Commissioner of Police, New South Wales Police Force [2014] NSWCATOD 70 Hill v Commissioner of Police, New South Wales Police Service [2002] NSWADT 218 In Hughes and Vale Pty Ltd v New South Wales (No.2) [1955] HCA 28; (1955) 93 CLR 127 Joseph v Commissioner of Police, New South Wales Police Force [2017] NSWCA 31 Kammoun v Commissioner of Police, NSW Police Force [2021] NSWCATAD 273 Martin v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 97 McDonald v Director General of Social Security (1984) 1FCR 353 at 357 Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10 Shi v Migration Agents Registration Authority [2008] HCA 31 Sobey v Commercial Agents Board (1979) 22 SASR 70 Stamatelatos v Commissioner of Police, NSW Police Force Ward v Commissioner of Police, New South Wales Police Service [2000] NSWADT 28 Texts Cited: Nil Category: Principal judgment Parties: Michael John Cooper (Applicant) Commissioner of Police (Respondent) Representation: Solicitors: Mainstone Lawyers (Applicant) Makinson d'Apice Lawyers (Respondent) File Number(s): 2022/00020448 Publication restriction: Nil