Jamieson v Commissioner of Police, NSW Police [2004] NSWADT 148

CITATION: Jamieson v Commissioner of Police, NSW Police [2004] NSWADT 148 DIVISION: General Division APPLICANT PARTIES: Graham Jamieson RESPONDENT Commissioner of Police, NSW Police FILE NUMBER: 033351 HEARING DATES: 12/02/2004 SUBMISSIONS CLOSED: 03/01/2004 DATE OF DECISION: 07/23/2004

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: Preliminary matter LEGISLATION CITED : Firearms (General) Regulation 1997 Firearms Act 1996 Christianos v Commissioner of Police [1999] NSWADT 66 Khamis v Commissioner of Police [2001] NSWADT 21 Clyne v The Commissioner of Police, NSW Police [2004] NSWADT 52; CASES CITED: Field v Commissioner of Police, NSW Police [2004] NSWADT 82 (currently subject to appeal); Saiko v Commissioner of Police, NSW Police [2004] NSWADT 99 Snape v Commissioner of Police, NSW Police [2004] NSWADTAP 15 Osborne v Commissioner of Police, NSW Police [2000] NSWADTAP 10 Phillips v Commissioner of Police, NSW Police [2004] NSWADT 101 APPLICANT REPRESENTATION: In person RESPONDENT M Buchanan, solicitor ORDERS: 1. The preliminary questions are determined as follows:; a) on a proper construction of paragraph 28(g) of the Act the Commissioner is given power to grant a permit in circumstances where a licence could not be issued;; b) the Commissioner's guideline as set out in the letter dated 27 August 2003 of Garry Richmond, Manager Firearms Registry, is of no effect as it is a fetter on the Commissioner's discretion under paragraph 28(g) of the Act.; 2. The matter to be re-listed for further directions by Registry on a date that is suitable to both parties.