Smith v Commissioner of Police, NSW Police [2006] NSWADT 131

CITATION: Smith v Commissioner of Police, NSW Police [2006] NSWADT 131

DIVISION: General Division

APPLICANT PARTIES: Roy Anthony Smith RESPONDENT Commissioner of Police, NSW Police

FILE NUMBER: 063140

HEARING DATES: 27/04/06

SUBMISSIONS CLOSED: 05/01/2006

DATE OF DECISION: 05/03/2006

BEFORE: Hennessy N - Magistrate (Deputy President)

CATCHWORDS: 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 (General) Regulation 1997

CASES CITED: Clyne v Commissioner of Police, New South Wales Police [2004] NSWADT 52 Ward v The Commissioner of Police [2000] NSWADT 28

APPLICANT S Mainstone, solicitor REPRESENTATION: RESPONDENT W Pisani, agent

ORDERS: The Commissioner's decision is set asideIn substitution for that decision, the following decision is made:; The application by Mr Smith for a permit to hold an Open Day at the Sydney International Shooting Centre, Kemps Creek on 20 and 21 May 2006 in conjunction with a Shooting, Hunting and Outdoor Trades Expo is approved on the following conditions:; Each person applying to participate in a shoot, must:; (i) register his or her name, address and date of birth with club officials at the venue;; (ii) produce photo identification;; (iii) complete and sign a declaration form containing the following questions:; Have you, in NSW or elsewhere:(a) been refused or prohibited from holding a firearms licence or permit or had a firearms licence or permit suspended, cancelled or revoked?; (b) been the subject of a firearms prohibition order?; (c) within the last 10 years, been convicted of an offence involving firearms or weapons, prohibited drugs or offences involving violence?; (d) within the last 10 years, been the subject of a Family Law or Domestic Violence Order or an Apprehended Violence order, other than an Order which was revoked ?; Are you currently, in NSW or elsewhere:; (a) subject to a good behaviour bond?; (b) suffering from any mental illness or other disorder that may prevent you from using a firearm safely?; Mr Smith, or other officials from the St Marys Club, are to:; (a) record the personal details and photo identification details of each person approved to participate in a shoot;; (b) refuse to allow any person to participate in a shoot unless they answer "No" to each of the questions in the declaration;; (c) provide the Firearms Registry with copies of the signed declarations together with the details on the photo identification to the Firearms Registry within 21 days of the Open Day.