Biddle v Commissioner of Police
[2022] NSWCATAD 4
At a glance
Source factsCourt
NCAT Administrative and Equal Opportunity
Decision date
2021-12-09
Source
Original judgment source is linked above.
Judgment (19 paragraphs)
REASONS FOR DECISION
- On 24 June 2020, the Applicant, Shane Biddle, applied for a Category AB Firearms Licence, but his application was refused. The Applicant sought internal review but, as he was not notified of the outcome of the internal review decision within 21 days, the internal review was taken to be finalised on or about 13 August 2021: s 53(9)(b) of the Administrative Decisions Review Act 1997 (ADR Act). The Applicant now seeks review by this Tribunal.
Relevant legislation
- The general principles of the Firearms Act 1996 (the Act) are set out in s 3 of the Act, relevantly: 3 Principles and objects of Act (1) The underlying principles of this Act are: (a) to confirm firearm possession and use as being a privilege that is conditional on the overriding need to ensure public safety, and (b) to improve public safety: (i) by imposing strict controls on the possession and use of firearms, and and (ii) by promoting the safe and responsible storage and use of firearms .... (2) The objects of this Act are as follows: ... (d) to provide strict requirements that must be satisfied in relation to licensing of firearms and the acquisition and sales of firearms. (2) The objects of this Act are as follows: … (c) to require each person who possesses or uses a firearm under the authority of a licence to prove a genuine reason for possessing or using the firearm, (d) to provide strict requirements that must be satisfied in relation to licensing of firearms and the acquisition and sales of firearms, (e) to ensure that firearms are stored and conveyed in a safe and secure manner, …