Yaghi -v- Commissioner of Police, New South Wales Police Service [2001] NSWADT 91

CITATION: Yaghi -v- Commissioner of Police, New South Wales Police Service [2001] NSWADT 91 DIVISION: General Division APPLICANT PARTIES: Khaled Yaghi RESPONDENT Commissioner of Police, New South Wales Police Service FILE NUMBER: 003219 HEARING DATES: 8/11/00 SUBMISSIONS CLOSED: 11/08/2000 DATE OF DECISION: 06/04/2001

BEFORE: Lees M - Judicial Member APPLICATION: Firearms Act - firearms licence - revocation of licence or permit MATTER FOR DECISION: Principal matter Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Firearms (General) Regulation 1997 Firearms Act 1996 Security Industry Act 1997 Botros v Commissioner of Police, NSW Police Service [2000] NSWADT 6 Comalco Aluminium (Bell Bay) Ltd v O'Connor and Others (1995) 131 ALR 657 O'Sullivan & Farrer (1989) 168 CLR 210 CASES CITED: Cusumano v. Commissioner of Police, New South Wales Police Service [2001] NSWADT 50 O'Sullivan v. Farrer (1989) 168 CLR 210 Commissioner of Police v Toleafoa ([1999] NSWADTAP 9 Ward –v- Commissioner of Police [2000] NSWADT 28 APPLICANT REPRESENTATION: M Woods, solicitor RESPONDENT J Tunks, solicitor ORDERS: 1. The decision of the Commissioner of Police to revoke Mr Yaghi's firearm licence is set aside.

Reasons for Decision

Background 1 Mr Yaghi applied to the Administrative Decisions Tribunal (the Tribunal) on 28th June 2000 for review of the decision dated 13th June 2000 to revoke his firearms licence made by a delegate of the Commissioner of Police (the Commissioner). 2 The Tribunal's jurisdiction derives from sections 75 of the Firearms Act 1996 (the Act) and 38 of the Administrative Decisions Tribunal Act 1997 (the Tribunal Act).