Dimitriou v Queensland Police Service - Weapons Licensing [2025] QCAT 177 | Case summary

Queensland Civil and Administrative Tribunal|2025-05-06

FIRE, EXPLOSIVES AND FIREARMS - FIREARMS - LICENSING AND REGISTRATION - APPLICATION FOR LICENCE OR PERMIT - where weapons licensing determined the applicant was not a fit and proper person to hold a weapons licence - where the applicant's weapons licence was revoked - where the applicant pleaded guilty to and was convicted of a charge of forcible entry - whether the conviction was an offence involving the use or threatened use of violence - where the offence was such - where it was therefore mandatory to hold that the applicant was not a fit and proper person to hold a weapons licence

[9] By s 10(2)(e) Weapons Act 1990 (Qld) ('WA') a weapons licence may be issued to an individual if the person is a fit and proper person to hold a licence.
[10] Section 10B WA provides for a number of things to be taken into account in determining whether or not a person is a fit and proper person to hold a licence. By s 10B(2)(a) it is provided:

(2) However, for the issue, renewal or revocation of a licence, a person is not a fit and proper person to hold a licence if, in Queensland or elsewhere within the relevant period -

(a) the person has been convicted of, or discharged from custody on sentence after the person has been convicted of, any of the following offences -

(i) an offence relating to the misuse of drugs;

(ii) an offence involving the use or threatened use of violence;

(iii) an offence involving the use, carriage, discharge or possession of a weapon; or

(b) a domestic violence order, other than a temporary protection order, has been made against the person.

[11] Here the issue becomes whether or not Mr Dimitriou's conviction in the Magistrates Court in Cairns is a conviction for an offence involving the use or threatened use of violence pursuant to s 10B(2)(a)(ii) WA. If it is there is no discretion granted the Tribunal but it is mandatory that Mr Dimitriou be found not to be a fit and proper person to hold a weapons licence.

(1) Any person who, in a manner likely to cause, or cause reasonable fear of, unlawful violence to a person or to property, enters on land which is in the actual and peaceable possession of another commits a misdemeanour.

(2) It is immaterial whether the person is entitled to enter on the land or not.

[13] Section 70 is to be found in Part 2 of the Criminal Code titled Offences against Public Order, and Chapter 9 in that Part headed Breaches of the Peace.
[14] Mr Dimitriou pleaded guilty to the charge. He therefore accepted the charge as proven. By pleading guilty Mr Dimitriou conceded that the elements of the offence required to be proven were proven. The elements of the offence include causing, or causing reasonable fear of, unlawful violence to a person or to property.
[15] The offence is therefore one involving the use or threatened use of violence and that means s 10B(2)(a)(ii) WA is invoked and applies.
[16] I have no discretion in the matter. Mr Dimitriou is deemed not to be a fit and proper person to hold a weapons licence.
[17] The decision by Weapons Licensing to revoke his weapons licence must therefore be confirmed.

Dimitriou v Queensland Police Service - Weapons Licensing [2025] QCAT 177

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