Martin v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 97

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Martin v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 97 Hearing dates: 1 March 2017 Date of orders: 30 March 2017 Decision date: 30 March 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: Emeritus Prof G Walker Senior Member Decision: 1. Commissioner's permit – Military Commemorative Display No. 411520772 (the permit) is varied by deleting condition 6 and substituting the following: "6. The permit holder must ensure that any prohibited firearm on display that is sourced from a collection is rendered permanently inoperable as prescribed by clause 34(3) of the Firearms Regulation 2006". 2. Condition 7 of the permit is varied by adding the following: "The permit holder and/or any other employee or security guard or guards reasonably required by the Commissioner must exercise and maintain close supervision of the firearms as well as any other articles at all times". 3. Condition 8 of the permit is varied by deleting the word "other". 4. In all other respects the decision under review is affirmed. Catchwords: FIREARMS LICENSING - commemorative firearms display permit – permanent inoperability condition – relevance of supervision.

STATUTORY INTREPRETATION – delegated legislation – generalia specialibus non derogant. Legislation Cited: Administrative Decisions Review Act 1997; Environmental Planning and Assessment Act 1997; Firearms Act 1996; Firearms Regulation 2006. Cases Cited: Combined State Unions v State Service Coordinating Committee [1982] 1 NZLR 742; Commissioner of Police, New South Wales Police v Martin (GD) [2007] NSWADTAP 61; Green v Commissioner of Police, New South Wales Police Force [2014] NSWCATAD 59; Martin v Commissioner of Police, New South Wales Police [2007] NSWADT 69; Martin v Commissioner of Police, New South Wales Police Force [2014] NSWCATAD 20; Minister for Immigration v Nystrom (2006) 228 CLR 566; One.Tel Ltd v Australian Communications Authority (2001) 110 FCR 125; Perpetual Executors and Trustees Association of Australia Ltd v FCT (1948) 77 CLR 1; Project Blue Sky Inc. v Australian Broadcasting Authority [1998] HCA 28, (1998) 194 CLR 355; Reseck v FCT (1975) 133 CLR 45; Ward v Commissioner of Police, New South Wales Police Service [2000] NSWADT 28; Webb v Commissioner of Police, New South Wales Police Force [2004] NSWADT 110. Texts Cited: Pearce, Delegated Legislation in Australia 4th edn 2012. Category: Principal judgment Parties: Paul J Martin, as nominated person for Paul Martin's Australian Military History Pty Ltd (Applicant); Commissioner of Police, New South Wales Police Force (Respondent) Representation: P Cuddy (advocate for the Applicant by leave) Solicitors: Lindsay Taylor Lawyers (Respondent). File Number(s): 201600378505