Masterson v Commissioner of Police, New South Wales [2017] NSWCATAP 206

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Masterson v Commissioner of Police, New South Wales [2017] NSWCATAP 206 Hearing dates: 13 June 2017 Date of orders: 31 October 2017 Decision date: 31 October 2017 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member J McAteer, Senior Member Decision: (1) Leave to appeal is refused and the appeal is dismissed.

(2) Any application for costs (Costs Application) is to be made within 7 days from the date of publication of these reasons, supported by any submissions and evidence in support;

(3) Any submissions and evidence in response to the Costs Application is to be filed and served within 14 days from the date of publication of these reasons;

(4) Any submissions in reply by the applicant for costs are to be filed and served within 21 days from the date of publication of these reasons. Catchwords: Confirmation of decision to revoke firearms licence- grounds for revocation, possession of prohibited firearms, public interest considerations

Firearms Act- manufacture of firearms and firearm parts, scope of authority granted by licence, unsuccessful attempt to manufacture prohibited weapon or firearm part, use of 3-D printer for purpose of manufacture.

Stock fitted to firearm- designed to act telescopically, meaning of phrase. Legislation Cited: Administrative Decisions Review Act, 1997(NSW) Civil and Administrative Tribunal Act, 2013 (NSW) Civil and Administrative Tribunal Rules, 2014 (NSW) Firearms Act, 1996 (NSW) Firearms Regulation 2006 (NSW) Liquor Act, 1982 (NSW) Telecommunications (Interception and Access) Act, 1979 (Cth) Weapons Prohibition Act, 1998 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Ward v Commissioner of Police [2008] NSWADT 28 Petas v Commissioner of Police, NSW Police [2013] NSWADT 137 Hill v Commissioner of Police, New South Wales Police Service [2002] NSWADT 218 Jacob v R [2014] NSWCCA 65 Masterson v Commissioner of Police [2017] NSWCATAD 17 Minister for Immigration v Yusuf [2001] HCA 30; (2001) 206 CLR 323 Morris V The Commissioner of Police [2002] NSWADT 223 O'Sullivan v Farrar [1989] HCA 61; (1989) 168 CLR 210 Smith v Commissioner of Police & Anor [2014] NSWCATAD 184 Water Conservation and Irrigation Commission (NSW) v Browning [1947] HCA 21; (1947) 74 CLR 492 Texts Cited: Nil Category: Principal judgment Parties: Tristan Masterson (Appellant) Commissioner of Police, New South Wales (Respondent) Representation: Counsel: D Toomey SC (Appellant) H El-Hage (Respondent)