Coates -v- Commissioner of Police, New South Wales Police Service [2001] NSWADT 56

CITATION: Coates -v- Commissioner of Police, New South Wales Police Service [2001] NSWADT 56 DIVISION: General Division APPLICANT PARTIES: Stewart Coates RESPONDENT Commissioner of Police, New South Wales Police Service FILE NUMBER: 003384 HEARING DATES: 15/03/01 SUBMISSIONS CLOSED: 03/22/2001 DATE OF DECISION: 04/06/2001

BEFORE: Hennessy N (Deputy President) APPLICATION: Firearms Act - firearms licence - revocation of licence or permit MATTER FOR DECISION: Principal matter LEGISLATION CITED : Firearms Act 1996 Jones v Dunkell (1959) 101 CLR 298 CASES CITED: Wallace, Jason and Registrar of Firearms [1998] ACTAAT 234 (11 February 1998) Tibbs and Commissioner of Police (AAT (ACT) C89/9 of 30 January, 1990) Ward -v- Commissioner of Police, New South Wales Police Service [2000] NSWADT 28 (23 March 2000) APPLICANT REPRESENTATION: T Shulze, barrister RESPONDENT J Klarica, barrister ORDERS: 1. The decision of the Commissioner to revoke Mr Coates' AB and H firearms licences is affirmed.

Background

1 On 10 June 2000 Mr Coates applied for a Category AB firearms licence (recreational hunting/vermin control) and a Category H licence (target shooting). A delegate of the Commissioner of Police (the Commissioner) approved the application. On 1 August 2000 Mr Coates went to the Roads and Traffic Authority (RTA) Office and paid for the licences. A delegate of the Commissioner revoked both those licences on 25 September 2000, following a recommendation from the Holroyd Local Area Command.