Federici -v- Commissioner of Police, New South Wales Police Service [2001] NSWADT 183

CITATION: Federici -v- Commissioner of Police, New South Wales Police Service [2001] NSWADT 183 DIVISION: General Division APPLICANT PARTIES: Daniel Federici RESPONDENT Commissioner of Police, New South Wales Police Service FILE NUMBER: 013129 HEARING DATES: 30/07/2001 SUBMISSIONS CLOSED: 07/30/2001 DATE OF DECISION: 11/05/2001

BEFORE: Hennessy N (Deputy President) APPLICATION: Firearms Act - firearms licence - revocation of licence or permit - 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 CASES CITED: APPLICANT REPRESENTATION: In person RESPONDENT D Paterson, solicitor ORDERS: The decision to revoke the applicant's firearms licence is affirmed.

Introduction 1 On 26 March 2001, the Commissioner of Police (the Commissioner) revoked Mr Federici's Category A and B firearms licence. The licence had been granted on 1 November 1999 for recreational hunting. One of the reasons for revoking the licence was that on 12 February 2001 Mr Federici was convicted of 'not keeping firearm safely'.

Relevant legislation 2 The Tribunal has jurisdiction to hear this case under s 75 of the Firearms Act 1996 (the Firearms Act ) and s 38 of the Administrative Decisions Tribunal Act 1997 (ADT Act). 3 The Commissioner relied on three grounds for revoking Mr Federici's licence. The first ground is that he had been convicted of a prescribed offence. The Commissioner has a discretion to revoke a licence where a person is convicted of an offence which would mean that he would not have been granted a licence had he applied for one. The second ground is that Mr Federici is not a fit and proper person to hold a firearms licence. The third ground is that it is not in the public interest for Mr Federici to have a licence. The provisions of the Firearms Act on which these grounds are based are set out below.