Syed v Commissioner of Police, NSW Police Force [2012] NSWADT 206

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Syed v Commissioner of Police, NSW Police Force [2012] NSWADT 206 Hearing dates: 20 August 2012 Decision date: 20 August 2012 Jurisdiction: General Division Before: S Montgomery, Judicial Member Decision: The decision under review is affirmed. Catchwords: Security licence - revocation - prescribed offence - offence involving fraud, dishonesty or stealing Legislation Cited: Administrative Decisions Tribunal Act 1997 Security Industry Act 1997 Security Industry Regulation 2007 Cases Cited: Doyle -v- Commissioner of Police, New South Police Service (GD) [2000] NSWADTAP 1 Joyce -v- Commissioner of Police, New South Wales Police Service (GD) [2000] NSWADTAP 17 Pollard v Commonwealth Director of Public Prosecutions (1992) 28 NSWLR 659 RTA v Sharp Towing Pty Ltd and Ors (GD) [2008] NSWADTAP 49 Category: Principal judgment Parties: Ahmed Syed (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Michael Vassili Lawyers (Applicant) Sparke Helmore Lawyers (Respondent) File Number(s): 123130

REasons for decision 1GENERAL DIVISION (S MONTGOMERY, (JUDICIAL MEMBER)): This is an application for review of the decision by a delegate of the Commissioner to revoke the licence held by the Applicant under the Security Industry Act 1997 (""the Act). That determination was taken on the basis of charges brought against the Applicant for the offence of "move $10,000 or more out of Australia without a report" ("the Failure to Report offence") under section 53(1)(a)(ii) of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) ("the Anti-Money Laundering Act"). 2The Applicant was found guilty of the offence, without a conviction being recorded, and discharged under the provisions of section 19B of the Crimes Act 1914 (Cth). 3The Applicant's security licence was revoked on the basis that he was found guilty, but with no conviction being recorded, of a prescribed offence. The determination was affirmed on internal review. 4The Applicant applied to the Tribunal for external review of the Commissioner's determination. The matter came before me for hearing on 20 August 2012. At that time I determined that the Commissioner had made the correct and preferable decision and affirmed the revocation. I gave brief reasons for my decision. The Commissioner has requested written reasons for the decision and these reasons are provided in response to that request.