Lokondo v Commissioner of Police [2017] NSWCATAP 137

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lokondo v Commissioner of Police [2017] NSWCATAP 137 Hearing dates: 19 May 2017 Date of orders: 19 May 2017 Decision date: 21 June 2017 Jurisdiction: Appeal Panel Before: M. Craig QC, Principal Member Dr J. Lucy, Senior Member Decision: (1) Extend time for appeal to 28 March 2017 (2) Appeal dismissed. Catchwords: ADMINISTRATIVE LAW – licence under Security Industry Act 1987 – revocation of licence - conviction for offence prescribed by regulation – operation of s 26(1A) of the Security Industry Act; STATUTORY INTERPRETATION – Security Industry Regulation 2016, cl 15(1)(c) – extension of offences prescribed for the purpose of s 16 of the Security Industry Act – s 26(1A) required revocation of licence where conviction of a prescribed offence has occurred – whether revocation is required where the offence is prescribed for the purpose of s 16 after a licence has been granted and remains current – whether the statutory provisions have retrospective operation – whether the provision operates to determine future conduct based on past events Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Interpretation Act 1987 (NSW) Poisons and Therapeutic Goods Regulation 2008 Security Industry Act 1997 Security Industry Amendment Act 2002 (NSW) Security Industry Amendment Act 2008 (NSW) Security Industry Regulation 2007 (NSW) Security Industry Regulation 2016 (NSW) Cases Cited: Coleman v Shell Co of Australia Limited (1943) 45 SR (NSW) 27 Commonwealth v SCI Operations Pty Limited (1998) 192 CLR 285; [1998] HCA 20 La Macchia v Minister for Primary Industry [1986] FCA 452; (1986) 72 ALR 23 Maxwell v Murphy (1957) 96 CLR 261 at 267; [1957] HCA 7 Minister for Natural Resources v New South Wales Aboriginal Land Council (1987) 9 NSWLR 154 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 Category: Principal judgment Parties: Basona Bakoy-Bongo Lokondo (Applicant) Commissioner of Police (Respondent) Representation: Counsel: Appellant in person E El-Hage (Respondent)