Bowley v Commissioner of Police, New South Wales Police Service [2001] NSWADT 7 (31 January 2001)

Last Updated: 6 June 2001

NEW SOUTH WALES ADMINISTRATIVE DECISIONS TRIBUNAL GENERAL DIVISION

CITATION: Bowley -v- Commissioner of Police, New South Wales Police Service [2001] NSWADT 7

PARTIES: APPLICANT

David John Welbourne Bowley

RESPONDENT

Commissioner of Police, New South Wales Police Service

FILE NUMBERS: 003352

HEARING DATES: 05/12/2000

SUBMISSIONS CLOSED: 19/01/2001

DECISION DATE: 31/01/2001

BEFORE: Hennessy N (Deputy President)

LEGISLATION CITED: Administrative Decisions Tribunal Act 1997

Firearms Act 1996

CASES CITED:

APPLICATION: Firearms Act - firearms licence - issue of licence or permit

Firearms licence - issue of licence or permit

MATTER FOR DECISION: Principal matter

APPLICANT REPRESENTATIVE: APPLICANT

In person

RESPONDENT REPRESENTATIVE: RESPONDENT

J Tunks

ORDERS: 1. The decision of the Commissioner to refuse the applicant's application for Category A and B firearms licences is affirmed

Reasons for Decision:

Introduction

1 On 3 November 2000, Mr Bowley lodged an application with the Tribunal requesting a review of a decision made by the Commissioner of Police. The decision was to refuse Mr Bowley's application for a Category A and B firearms licence. The reason for the refusal was that Mr Bowley is subject to a firearms prohibition order.

2 On 29 March 2000, Mr Bowley applied for a Category A and B firearms licence for use as a primary producer. He said on the application form that:

I need to control feral and noxious animals including rabbits, foxes, goats and pigs. The larger animals require a category `B' firearm as category `A' firearms are not powerful enough.

Legislation

3 Section 11(5)(e) of the Firearms Act 1996 states that:

A licence must not be issued to a person who:

(e) is subject to a firearms prohibition order.

Issue

4 The only issue to be determined in this case is whether Mr Bowley is subject to a firearms prohibition order.

Evidence

5 This matter was heard "on the papers" under s 76 of the Administrative Decisions Tribunal Act 1997. The Commissioner produced a copy of a Firearms Prohibition Order in the name of David Bowley issued at Cairns in Queensland on 27 February 1990. The order states that:

I, J.A MacDonald, a Commissioned Officer of Police being of the opinion that in the public interest you should be prohibited from possessing any firearm, conversion unit or ammunition Hereby order that you be prohibited from possessing any firearm, conversion unit or ammunition.

6 Mr B stated on the application for a firearms licence that he was the subject of a Firearms Prohibition Order which prohibited him from possessing any firearm, conversation unit or ammunition for 10 years. The date of the Firearms Prohibition Order was 27 February 1990.

Reasons and decision

7 Mr Bowley is subject to a Firearms Prohibition Order. The order is not expressed to be for a specified period of time. Consequently, under s 5(1)(e) of the Firearms Act, the Commissioner made the correct decision in refusing to issue him with a firearms licence.

8 A letter from GM Brown, Inspector, Queensland Police Service, states that the firearms prohibition order may be revoked or modified by an Authorised Officer under the provisions of the Weapons Act 1990 (Qld). Inspector Brown suggested that an authorised officer would consider rescinding the Order if Mr Bowley could provide an "independent assessment as to his fitness in the form of a certificate issued by a medical practitioner." Mr Bowley may wish to make further inquiries about how to go about applying to rescind the Firearms Prohibition Order, but while it is still in force, neither the Commissioner of Police, nor the Tribunal, has any option other than to refuse his application for a firearms licence.

Order

9 The decision of the Commissioner to refuse the applicant's application for Category A and B firearms licences is affirmed.