George v Commissioner of Police, NSW Police Force [2013] NSWADT 1

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: George v Commissioner of Police, NSW Police Force [2013] NSWADT 1 Hearing dates: 20 December 2012 Decision date: 08 January 2013 Jurisdiction: General Division Before: S Montgomery, Judicial Member Decision: 1. The Tribunal orders that the Commissioner's decision to revoke the Applicant's firearms licence be set aside. 2. Any submissions on the issue of costs are to be filed and served by 31 January 2013. Catchwords: Firearms Act - firearms licence - revocation of licence or permit Legislation Cited: Administrative Decisions Tribunal Act 1997 Firearms Act 1996 Firearms Regulation 2006 Cases Cited: Aubrey v Commissioner of Police, New South Wales Police [2005] NSWADT 266 Director of Public Prosecutions v Smith (1991) 1 VR 63 Comalco Aluminium (Bell Bay) Limited v O'Connor and Ors (1995) 131 ALR 657 Commissioner of Police, New South Wales Police Service v Toleafoa [1999] NSWADTAP 9 Ward v Commissioner of Police [2000] NSWADT 28 Category: Principal judgment Parties: Michael George (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: M George (Applicant in person) Sparke Helmore (Respondent) File Number(s): 123241

REasons for decision 1GENERAL DIVISION (S MONTGOMERY, (JUDICIAL MEMBER)): Mr George ("the Applicant") was the holder of a Category AB firearms licence issued under the Firearms Act 1996 ("the Act"). The current licence was issued in July 2008 and is due to expire in July 2013. The licence was revoked in July 2012. 2The revocation was affirmed on internal review and the Applicant applied to the Tribunal for external review of the decision. 3The matter came before me for hearing on 20 December 2012.