Bilal Malas v Commissioner of Police, New South Wales Police Force [2024] NSWCATAD 281

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bilal Malas v Commissioner of Police, New South Wales Police Force [2024] NSWCATAD 281 Hearing dates: 12 June 2024 Date of orders: 23 September 2024 Decision date: 23 September 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Decision: (1) The decision to revoke the Applicant's Category AB Firearms Licence is set aside. (2) The Category AB Licence which issued on 30 March 2020 is to be reinstated Catchwords: ADMINISTRATIVE LAW - Firearms –– objects of legislation – public interest – public safety Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Firearms Act 1996 Firearms Regulation 2017 Cases Cited: Artridge v Commissioner of Police NSW Police Force [2021] NSWCATAD 188 Australian Broadcasting Tribunal v Bond (1990) 94 ALR 11 Comalco Aluminium (Bell Bay) Ltd v O'Connor (1995) 131 ALR 657 Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Constantin v Commissioner of Police NSW Police Force [2013] NSWADTAP 16 Cusumano v Commissioner of Police [2001] NSWADT 50 Drake v Minister for Immigration and Ethnic Affairs [1979] AATA; (1979) 46 FLR 409 Livadaru v Commissioner of Police [2008] NSWADT 160 Martin v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 97 Masterson v Commissioner of Police New South Wales Police Force [2017] NSWCATAP 205 Rose v Commissioner of Police (No 2) [2022] NSWCATAD 26 Ward v Commissioner of Police, New South Wales Police Service [2000] NSWADT 28 Webb v Commissioner of Police, New South Wales Police [2004] NSWADT 110 Wiltshire v Commissioner of Police [2005] NSWADT 75 Texts Cited: Nil Category: Principal judgment Parties: Bilal Gordon Malas (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Hartmann & Associates Solicitors (Applicant) Crown Solicitors Office (Respondent) File Number(s): 2024/00014492 Publication restriction: Pursuant to s 64 (1) (b), 64 (1) (c ) and 64 (1) (d) of the Civil and Administrative Tribunal Act 2013, the publication and release of the material in those paragraphs marked '[Not for publication]' – paragraphs [32]-[ 34] inclusive are not to be published or released to any person other than the respondent or their representative.