Marando v Commissioner of Police, NSW Police Force [2018] NSWCATAD 29

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Marando v Commissioner of Police, NSW Police Force [2018] NSWCATAD 29 Hearing dates: 1 November 2017; 9 November 2017 Date of orders: 02 February 2018 Decision date: 02 February 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: 1. The decision under review is affirmed. Catchwords: FIREARMS LICENSING – prohibited weapon - silencer - genuine reason –meaning of word "required" – whether applicant demonstrated that silencer required for recreational or sporting hunting activities Legislation Cited: Administrative Decisions Review Act 1997(NSW) Firearms Act 1996 (NSW) Weapons Prohibition Act 1998 (NSW) Cases Cited: Allen v Commissioner of Police, NSW Police Force [2015] NSWCATAD 224 Commissioner of Police, NSW Police Force v Allen [2016] NSWCATAP 148 Texts Cited: Macquarie Dictionary Category: Principal judgment Parties: Rocco Marando (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Counsel: H El-Hage (Respondent)

Solicitors: R Marando (Applicant in person) Crown solicitor (Respondent) File Number(s): 2017/00042111

Reasons for decision

Introduction 1. The Applicant has applied to the Tribunal seeking review of a decision of the Commissioner of Police ("the Commissioner") to refuse his application under the Weapons Prohibition Act 1998 (NSW) ("the Act") for a permit to possess and use a prohibited weapon - a silencer. 2. The Applicant is a recreational and sporting hunter and shooter. He currently holds a Category AB firearms licence under the Firearms Act 1996 (NSW) for recreational target shooting/vermin control.