Bennett v Commissioner of Police, NSW Police [2004] NSWADT 187

CITATION: Bennett v Commissioner of Police, NSW Police [2004] NSWADT 187 DIVISION: General Division APPLICANT PARTIES: Colin John Bennett RESPONDENT Commissioner of Police, New South Wales Police FILE NUMBER: 043045 HEARING DATES: 23/07/2004 SUBMISSIONS CLOSED: 07/23/2004 DATE OF DECISION: 08/30/2004

BEFORE: Higgins S - Judicial Member 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 Clyne v The Commissioner of Police, NSW Police [2004] NSWADT 52 Commissioner of Police, New South Wales v Snape (GD) [2004] NSWADT AP 15 Field v Commissioner of Police, NSW Police [2004] NSWADT 82 Finlay v Commissioner of Police, NSW Police Service [2004] NSWADT 152 CASES CITED: Jamieson v Commissioner of Police, NSW Police [2004] NSWADT 148 Kingston & Anor v Keprose Pty Ltd (1987) 11 NSWLR 404 Leon Fink Holdings Pty Ltd v Australian Film Commission (1979) 141 CLR 672 McIver v New South Wales Police (unreported, 2 July 2004) Rana v Human Rights and Equal Opportunity Commission & Anor (1997) 155 ALR 128 Saiko v Commissioner of Police, NSW Police [2004] NSWADT 99 APPLICANT REPRESENTATION: In person RESPONDENT P McLaughlin, solicitor ORDERS: (a) The Commissioner's decision to refuse Mr Bennett's application for a permit to posses and use a category H firearm is set aside; (b) Mr Bennett's application is remitted to the Commissioner for consideration in accordance with these directions: (i) the Commissioner is to give effect to the Tribunal's view that it is appropriate that Mr Bennett be issued with a permit under s.28(g) of the Act; and (ii) in consultation with Mr Bennett, the Commissioner is to consider appropriateness of imposing a condition on the permit that limits Mr Bennett's use of a Category H firearm to those situations where he has need to destroy distressed or feral and wild animals, and ill and dying livestock where the use of a long-arm is not practicable because of the inaccessible terrain of his property.