NSW Caselaw
Appeal Panel - Internal
CITATION: Commissioner of Police, NSW Police Force v Esber (GD) [2010] NSWADTAP 5
APPELLANT Commissioner of Police, NSW Police Force PARTIES: RESPONDENT George John Esber
FILE NUMBER: 099051
HEARING DATES: 18 December 2009
DATE OF DECISION: 1 February 2010
BEFORE: O'Connor K - DCJ (President); Isenberg N - Judicial Member; Bolt M - Non-Judicial Member
CATCHWORDS: Firearms Dealers Licence – Revocation in public interest because of a prescribed 'offence of a sexual nature' – Whether there was such a prescribed offence at relevant times – Tribunal held not – Appeal by Commissioner – Tribunal in error – Appeal allowed – Firearms Act 1996, s 11(5)(b), s 24 – Firearms Regulation 2006, cl 5(1)(d), cl 17
DECISION UNDER APPEAL: Esber v Commissioner of Police, NSW Police Force [2009] NSWADT 208
FILE NUMBER UNDER APPEAL: 093049
DATE OF DECISION UNDER APPEAL: 08/07/2009
Crimes Act 1900 Crimes Amendment (Child Pornography) Act 2004 Crimes Amendment (Sexual Offences) Act 2008 LEGISLATION CITED : Firearms Act 1996 Firearms Regulation 2006 Interpretation Act 1987 Summary Offences Act 1988
Bourke & Ors v The New South Wales Commissioner of Police [1998] ADT 1 Coleman v Shell Co of Australia Ltd (1945) 24 SR (NSW) 27 CASES CITED: Commonwealth v SCI Operations Pty Ltd (1998) 192 CLR 285 La Macchia v Minister for Primary Industry (1986) 72 ALR 23 Re a Solicitor's Clerk [1957] 1 WLR 1219 Robertson v City of Nunawading [1973] VR 819
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