CITATION: Bowley -v- Commissioner of Police, New South Wales Police Service [2001] NSWADT 7 DIVISION: General Division APPLICANT PARTIES: David John Welbourne Bowley RESPONDENT Commissioner of Police, New South Wales Police Service FILE NUMBER: 003352 HEARING DATES: 05/12/2000 SUBMISSIONS CLOSED: 01/19/2001 DATE OF DECISION: 01/31/2001 BEFORE: Hennessy N (Deputy President) APPLICATION: Firearms Act - firearms licence - issue of licence or permit - Firearms licence - issue of licence or permit MATTER FOR DECISION: Principal matter LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Firearms Act 1996 CASES CITED: APPLICANT REPRESENTATION: In person RESPONDENT J Tunks ORDERS: 1. The decision of the Commissioner to refuse the applicant's application for Category A and B firearms licences is affirmed Introduction 1 On 3 November 2000, Mr Bowley lodged an application with the Tribunal requesting a review of a decision made by the Commissioner of Police. The decision was to refuse Mr Bowley's application for a Category A and B firearms licence. The reason for the refusal was that Mr Bowley is subject to a firearms prohibition order. 2 On 29 March 2000, Mr Bowley applied for a Category A and B firearms licence for use as a primary producer. He said on the application form that: I need to control feral and noxious animals including rabbits, foxes, goats and pigs. The larger animals require a category 'B' firearm as category 'A' firearms are not powerful enough. Legislation 3 Section 11(5)(e) of the Firearms Act 1996 states that: A licence must not be issued to a person who: (e) is subject to a firearms prohibition order. Issue 4 The only issue to be determined in this case is whether Mr Bowley is subject to a firearms prohibition order. Evidence 5 This matter was heard "on the papers" under s 76 of the Administrative Decisions Tribunal Act 1997. The Commissioner produced a copy of a Firearms Prohibition Order in the name of David Bowley issued at Cairns in Queensland on 27 February 1990. The order states that: I, J.A MacDonald, a Commissioned Officer of Police being of the opinion that in the public interest you should be prohibited from possessing any firearm, conversion unit or ammunition Hereby order that you be prohibited from possessing any firearm, conversion unit or ammunition. 6 Mr B stated on the application for a firearms licence that he was the subject of a Firearms Prohibition Order which prohibited him from possessing any firearm, conversation unit or ammunition for 10 years. The date of the Firearms Prohibition Order was 27 February 1990. Reasons and decision 7 Mr Bowley is subject to a Firearms Prohibition Order. The order is not expressed to be for a specified period of time. Consequently, under s 5(1)(e) of the Firearms Act , the Commissioner made the correct decision in refusing to issue him with a firearms licence. 8 A letter from GM Brown, Inspector, Queensland Police Service, states that the firearms prohibition order may be revoked or modified by an Authorised Officer under the provisions of the Weapons Act 1990 (Qld). Inspector Brown suggested that an authorised officer would consider rescinding the Order if Mr Bowley could provide an "independent assessment as to his fitness in the form of a certificate issued by a medical practitioner." Mr Bowley may wish to make further inquiries about how to go about applying to rescind the Firearms Prohibition Order, but while it is still in force, neither the Commissioner of Police, nor the Tribunal, has any option other than to refuse his application for a firearms licence. Order 9 The decision of the Commissioner to refuse the applicant's application for Category A and B firearms licences is affirmed. DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.