Burge v Commissioner of Police, NSW Police Force [2018] NSWCATAD 275

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Burge v Commissioner of Police, NSW Police Force [2018] NSWCATAD 275 Hearing dates: 18 September, 23 October 2018 Date of orders: 28 November 2018 Decision date: 28 November 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: S Leal, Senior Member Decision: The decision of the respondent on 4 January 2018 to refuse the applicant a Prohibited Weapon (Silencer) Permit is affirmed Catchwords: FIREARMS LICENSING – prohibited weapon - silencer - genuine reason – meaning of word "required" – whether vermin control is a genuine reason contemplated by the Act - whether silencer required for recreational/sporting purpose – decision affirmed. Legislation Cited: Firearms Act 1996 (NSW) Weapons Prohibition Act 1998 (NSW) Weapons Prohibition Regulation 2017 (NSW) Cases Cited: Commissioner of Police, NSW Police Force v Allen [2016] NSWCATAP 148 Larsson v Commissioner of Police, NSW Police Force [2018] NSWCATAP 149 Marando v Commissioner of Police, NSW Police Force [2018] NSWCATAP 29 Osborne v Commissioner of Police, NSW Police Service (GD) [2000] NSWADTAP 10 Thompson v Judge Byrne (1999) 196 CLR 141. Texts Cited: Nil Category: Principal judgment Parties: Mitchell Lee Burge (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Counsel: H El-Hage (Respondent)

Solicitors: Hartmann & Associates (Applicant) Lindsay Taylor Lawyers (Respondent) File Number(s): 2018/00022351 Publication restriction: Nil