Blacktown Pistol Club Ltd v Commissioner of Police, NSW Police Force (No 2) [2013] NSWADT 222

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Blacktown Pistol Club Ltd v Commissioner of Police, NSW Police Force (No 2) [2013] NSWADT 222 Hearing dates: 12 November 2012 Decision date: 11 October 2013 Jurisdiction: General Division Before: S Montgomery, Judicial Member Decision: The decision under review is affirmed. The decision is to take effect 28 days from the date of these reasons Catchwords: shooting range approval - condition imposed - control over the use of the shooting range - no control over the Range Danger Area - decision to impose condition affirmed Legislation Cited: Administrative Decisions Tribunal Act 1997 Firearms Act 1996 Firearms Regulation 2006 Cases Cited: Blacktown Pistol Club Ltd v Commissioner of Police NSW Police Force [2013] NSWADT 164 Klein v Domus (1963) 109 CLR 467 Minister for Immigration and Citizenship v Li (2013) 297 ALR 225 Ward v Commissioner of Police, NSW Police Service [2000] NSWADT 28 Category: Principal judgment Parties: Blacktown Pistol Club Ltd (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Mainstone Lawyers (Applicant) Crown Solicitors Office (Respondent) File Number(s): 123280

reasons for decision 1GENERAL DIVISION (S MONTGOMERY, (JUDICIAL MEMBER)): The Applicant holds a shooting range approval issued by the Respondent under the Firearms Act 1996 ("the Act"). It has been in operation at its present location since 1963. Its Range operations are regulated by of the Act and the Firearms Regulation 2006 ("the Regulation") and any conditions imposed. The approval is also subject to 3 yearly inspections by staff of the Firearms Registry. 2In August 2012, Senior Constable Wayne Jackson of the Firearms Registry and Range Inspector William Jenkins carried out an inspection of the Applicant's range. Following the inspection Mr Jenkins completed a "variation of, revocation of or addition of range conditions" form to impose a condition on the Applicant's range approval that there be "no live firing until such time as procedures are put in place to ensure no member of the public is within the range danger area whilst shooting is in progress" ("the no live firing condition"). The no live firing condition was imposed pursuant to clause 87 of the Regulation. 3The Applicant has applied to the Tribunal for review of the decision to impose the no live firing condition on the Applicant's range approval.