Polyzogopoulos -v- Commissioner of Police, New South Wales Police Service [2001] NSWADT 166

CITATION: Polyzogopoulos -v- Commissioner of Police, New South Wales Police Service [2001] NSWADT 166 DIVISION: General Division APPLICANT PARTIES: Elias Polyzogopoulos RESPONDENT Commissioner of Police, New South Wales Police Service FILE NUMBER: 013101; 013102 HEARING DATES: 17/08/2001 SUBMISSIONS CLOSED: 08/17/2001 DATE OF DECISION: 10/09/2001

BEFORE: Higgins S - Judicial Member APPLICATION: Firearms Act - firearms licence - revocation of licence or permit - Firearms licence - revocation of licence or permit - Security Industry Act - security industry licence - revocation or suspension of licence - Security industry licence - revocation or suspension of licence MATTER FOR DECISION: Principal matter Firearms (General) Regulation 1997 LEGISLATION CITED : Firearms Act 1996 Security Industry Act 1997 Security Industry Regulation 1998 CASES CITED: APPLICANT REPRESENTATION: J Crespo, barrister RESPONDENT M Spartalis, barrister ORDERS: 1. The Commissioner's decision to revoke the Category A and B firearms licence in the name of Mr Polyzogopoulos is affirmed; 2. The Commissioner's decision to revoke the Class 1A, 1B and 1C security licence in the name of Mr Polyzogopoulos is set aside.

INTRODUCTION 1 These proceedings relate to a decision made by the Commissioner of Police ("the Commissioner") on 3 April 2001 to revoke a five year firearm licence and security industry licence issued to Mr Polyzogopoulos on 1 August 1998. 2 The basis for the revocation of the licences were the following convictions against Mr Polyzogopoulos by the Redfern Local Court on 1 November 2000: (a) failing to keep firearms safely contrary to s.39 of the Firearms Act, 1996 ("the Firearms Act "); and (b) possessing a prohibited weapon (a cross bow) without a permit.