Burton v Commissioner of Police, NSW Police Force [2019] NSWCATAD 14

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Burton v Commissioner of Police, NSW Police Force [2019] NSWCATAD 14 Hearing dates: 22 October 2018 Date of orders: 11 January 2019 Decision date: 11 January 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: Dr J Lucy, Senior Member Decision: The respondent's decision to refuse to issue a prohibited weapon permit to the applicant is affirmed. Catchwords: ADMINISTRATIVE LAW – Firearms licensing – Prohibited weapon – Silencer – Genuine reason – Whether recreational or sporting activity concerned requires the possession or use of the prohibited weapon – Whether this is an objective or subjective test Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Weapons Prohibition Act 1998 (NSW) Cases Cited: Burge v Commissioner of Police, NSW Police Force [2018] NSWCATAD 275 Commissioner of Police, NSW Police Force v Allen [2016] NSWCATAP 148 Fairfax Digital Australia & New Zealand Pty Ltd v Ibrahim (2012) 83 NSWLR 52 Larsson v Commissioner of Police, NSW Police Force [2018] NSWCATAD 149 Marando v Commissioner of Police, NSW Police Force [2018] NSWCATAD 29 Osborne v Commissioner of Police, New South Wales Police Service [2000] NSWADTAP 10 Texts Cited: Macquarie Dictionary Online (2019, Macmillan Publishers Australia) M MacCarthy, M O'Neill and H Cripps, An Investigation into the Use of Sound Moderators on Firearms for Game and Feral Management in New South Wales (2011, Game Council for NSW). Category: Principal judgment Parties: Christopher Howard Burton (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Counsel: H El Hage (Respondent)