Sporting Shooters Association of Australia (NSW) Sydney Branch Inc v Commissioner of Police, NSW Police Force [2012] NSWADT 249

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Sporting Shooters Association of Australia (NSW) Sydney Branch Inc v Commissioner of Police, NSW Police Force [2012] NSWADT 249 Hearing dates: 23 November 2012 Decision date: 29 November 2012 Jurisdiction: General Division Before: Magistrate N Hennessy, Deputy President Decision: The application to stay the decision of the Commissioner of Police is refused. Catchwords: MERITS REVIEW - application for stay of decision to restrict ammunition used in rifles on firing range - Association losing money - public safety issues - stay refused Legislation Cited: Firearms Act Administrative Decisions Tribunal Act 1997 Cases Cited: Williamson v Director General, Department of Transport [2000] NSWADT 165 Category: Interlocutory applications Parties: Sporting Shooters Association of Australia (NSW) Sydney Branch Inc Commissioner of Police, NSW Police Force Representation: Counsel K Dailly (Applicant) J Harris (Respondent) Mainstone Lawyers (Applicant) Crown Solicitor's Office (Respondent) File Number(s): 123297

REASONS FOR DECISION

Introduction 1The Sydney Branch of the Sporting Shooters Association of Australia operates a 200 meter outdoor shooting range in Silverdale. Citing safety reasons, the Commissioner of Police further restricted the type of ammunition that could be used in centrefire rifles. The Association applied to the Tribunal for an urgent decision to allow the previous, less restrictive, condition to continue until the Tribunal reviews the decision. I have decided not to grant a stay of the Commissioner's decision because, despite the fact that the Association is losing money, there is a risk to public safety unless the condition remains in force. 2The test for granting a "stay" is two fold. First, the stay must be necessary to "secure the effectiveness" of the hearing. That includes avoiding any irreparable harm or damage that is likely to occur prior to a hearing. Secondly, the Tribunal may only stay the decision if it is desirable to do so taking into account the interests of any person who may be affected and the public interest: Administrative Decisions Tribunal Act 1997, s 60.