Burke v Commissioner of Police, NSW Police Force [2024] NSWCATAD 260

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Burke v Commissioner of Police, NSW Police Force [2024] NSWCATAD 260 Hearing dates: 16 August 2024 Date of orders: 03 September 2024 Decision date: 03 September 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: J Ledda, Senior Member Decision: The decision of the Commissioner of Police to refuse to issue the applicant with a silencer permit under the Weapons Prohibition Act 1998 (NSW) is affirmed Catchwords: ADMINISTRATIVE LAW—administrative review of refusal to grant silencer permit under Weapons Prohibition Act 1998 (NSW)—whether genuine reason for business/employment purposes—meaning of "necessary in the conduct of the applicant's business or employment" Legislation Cited: A New Tax System (Australian Business Number) Act 1999 (Cth) A New Tax System (Goods and Services Tax) Act 1999 (Cth) Administrative Decisions Review Act 1997 (NSW) Biodiversity Conservation Act 2016 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Firearms Act 1996 (NSW) Interpretation Act 1987 (NSW) Weapons Prohibition Act 1998 (NSW) Cases Cited: Collins v Department of Fair Trading [2019] NSWCATAP 199 Commissioner of Police, NSW Police Force v Allen (Allen) [2016] NSWCATAP 148 Formosa v Commissioner of Police, NSW Police Force [2024] NSWCATAD 132 Hope v Bathurst City Council (1980) 144 CLR 1 Marando v Commissioner of Police, NSW Police Force [2018] NSWCATAD 29 Meacham v Commissioner of Police [2020] NSWCATAP 107 NSW Self Insurance Corporation v EEH [2023] NSWCATAP 181 Osborne v Commissioner of Police, New South Wales Police Service (GD) [2000] NSWADTAP 10 South Western Sydney Local Health District v Gould (2018) NSWLR 513; [2018] NSWCA 69 Texts Cited: Macquarie Dictionary Category: Principal judgment Parties: Andrew Burke (Applicant) Commissioner of Police, New South Wales Police Force (Respondent) Representation: Applicant (Self-represented) C Tipene (Respondent)