1. On 23 September 2025, the Tribunal set the matter down for determination of the preliminary question.
2. Initially, the matter was to be dealt with solely on the papers.[9] Subsequently, it was listed for an in-person hearing on 11 November 2025 to clarify issues raised in the parties' submissions.[10]
3. A Hearing Book, marked as Exhibit A was prepared by the Tribunal which contained a paginated bundle of documents lodged by the parties, including:

(1) Written submissions for preliminary issues lodged by each party on 8 and 16 October 2025 respectively;[11]

(2) Ms Whitby's application to the Tribunal dated 9 April 2025; and[12]

(3) A book of documents from the Commissioner, comprising:

(a) Letter of Firearm Notice Revocation addressed to Ms Whitby;[13]

(b) Firearm Licence Application of Ms Whitby from 2020; [14] and

1. At the commencement of the hearing on 11 November 2025, Ms Whitby's counsel handed up a further bundle of documents, which were marked Exhibit B. The bundle comprised:

(1) Information Sheet Implementation Q&A regarding 'New WA Firearm Laws'; and

(2) Documents from the Western Australia Firearms Licensing Portal regarding 'Transitioning' to new licence types.

1. Following the hearing, the parties lodged further written submissions in relation to an issue that arose during the hearing in relation to the statutory or other basis relied upon in the exercise of the power to grant a replacement authority within the 90-day period following the expiry of a transitional authority.[16]

1. The determination of the preliminary question requires consideration of the following issues:

(1) How did a firearms licence that had been revoked under the 1973 Act transition to the 2024 Act?

(2) Does the Tribunal have discretion to consider the renewal of a revoked firearm licence within 90 days after the end of its term?

1. Ms Whitby contends that the Commissioner is 'routinely extending the operation of transition[al] authorities for 90 days following the expiry of a transitional license without the need for [a] license[e] application'[17] (the 90-day grace period).
2. Ms Whitby's says that the 90-day grace period is derived from information in the WA Police publication entitled 'IMPLEMENTATION Q&A New WA Firearm Laws' which states (in part):[18]

...

Transitional arrangements have been implemented since the new laws came into effect.

Under these arrangements, all firearms licence holders under the previous legislation are automatically granted a transitional authority (effectively a temporary licence) and will at the renewal date of their licence have at least 90 days to transition to one of the eight (8) new licence types.

From 31 March 2025, all existing licence holders whose licence is due to expire before 30 June 2025 will have 90 days from their licence renewal date to comply with the new legislation.

For those whose licence expire post June 2025, they will receive communication from WA Police Force and have 90 days to transition to their new licence.

1. Ms Whitby also contends that whilst it is not clear on what statutory basis the Commissioner is exercising that power, it equates to a 'standard procedure'[19] performed in the ordinary course of the Firearms Act 2024 (WA) (2024 Act) as provided for in s 416(3) of that Act (Standard Procedure).
2. She submits that the exercise of the power in s 416(3) is consistent with the discretion available to the Commissioner to approve firearms licences after the end of their term in both the 1973 Act and the 2024 Act.[20]
3. Understandably, she seeks clarity from the Commissioner as to how that power is being exercised[21] and asks: why is that opportunity being afforded to some transitional authority holders and not others? She considers that she should be given the benefit of the 'Standard Procedure'[22] thus enabling the Tribunal, (standing in the shoes of the Commissioner), to determine her review application within the 90 days following the licence expiry, being 29 November 2025.

1. Opposing the application, the Commissioner contends that Ms Whitby was the holder of a transitional authority from 31 March 2025 (the commencement of the 2024 Act), and absent some intervening act (such as the review application being determined in her favour by the Tribunal), the authority expired on 30 August 2025 and cannot be extended.
2. The Commissioner also contends that there is no statutory basis that operates to extend the term of Ms Whitby's transitional authority and that any actions taken to allow licence holders 90 days post the renewal date of their transitional authority to lodge an application for their new firearm authority is done as part of the administration of the Act. He says this involves an exercise of discretion in whether or not to take enforcement action but does not equate to an act done as a standard procedure in the ordinary course of the Act.

1. For Ms Whitby's application to succeed, I must be satisfied that there is a statutory basis upon which to find that her firearm authority remains current at the time of the Tribunal determining the review application. This requires an analysis of the statutory construction of the relevant provisions of the 2024 Act (as the enabling Act), and its predecessor the 1973 Act, plus the State Administrative Tribunal Act 2004 (WA) (SAT Act).

1. Ms Whitby's licence was most recently issued and revoked under the 1973 Act. The relevant parts of this Act include:

(1) Part 2 - Div 8 (Revocation, cancellation and other matters), and

The repeal of the 1973 Act & commencement of the 2024 Act

1. The legislation governing the regulation of firearms in Western Australia was reformed on 31 March 2025 when the 1973 Act was repealed and replaced by the 2024 Act.[23] This occurred between the revocation of Ms Whitby's licence (on 12 March 2025) and the lodging of her review application with the Tribunal (on 8 April 2025).

1. The parts of the 2024 Act relevant to the determination of the preliminary question include the relevant provisions from:

(1) Part 2 - Licences, particularly Div 1 (General).

(2) Part 4 - Firearm authority procedures, particularly Div 5 (Term and Renewal).

(3) Part 5 - Firearm authority offences, particularly Div 12 (Offences of lesser seriousness).

(5) Part 16 - Savings and transitional provisions, particularly Div 1 (General), Div 2 (Transitional licences, permits and approvals) and Div 4 (Review of decisions under 1973 Act).

1. The following definitions and provisions provide a useful basis for consideration of the statutory framework of the 2024 Act.

means a licence, permit or approval; [24]

describes the eight kinds of licence that may be granted under the Act. [26]

means a licence, permit or approval under the 1973 Act.[27]

has the meaning given in section 413(1), which in turn provides that 'A person who held a 1973 Act authority immediately before commencement day is taken to hold a firearm authority under this Act (a transitional authority) to replace the 1973 Act authority on and from commencement day. [28] [29]

The Commissioner may replace a transitional authority by granting to the holder of a transitional authority a firearm authority under this Act (a replacement authority).

The State Administrative Tribunal Act

1. The relevant portions of the SAT Act may be found in Pt 3, Div 3 which sets out the jurisdiction of the Tribunal in determining review applications. Of specific relevance are s 17, s 27 and s 29.

Issue 1: How did a firearms licence that had been revoked under the 1973 Act transition to the 2024 Act?

1. Both parties submit that Ms Whitby automatically became the holder of a transitional authority upon commencement of the 2024 Act on 31 March 2025, and during the hearing on 11 November 2025, oral submissions proceeded on this basis.[30]
2. I have determined that Ms Whitby did not acquire a transitional authority on commencement of the 2024 Act. I have reached this view notwithstanding that this possibility was not raised by either party during the hearing. My reasoning for this is detailed as follows.
3. The firearm licence was revoked pursuant to s 20 of the 1973 Act by the Commissioner's delegate on 12 March 2025. Section 20 states:
   1. Revocation, cancellation, refusal to renew and variation

(a) that a person who is the holder of a licence, permit or approval under this Act -

(iii) could not, because of section 11, be granted the approval or permit or issued the licence, as the case requires, if the person were then applying for it;

(aa) that harm may be suffered by any person as a result of a person retaining or regaining possession of a firearm, major firearm part, prohibited firearm accessory or ammunition;

the Commissioner may refuse to renew or may revoke any licence, permit or approval relating thereto or may impose reasonable restrictions, limitations or conditions thereon.[31]

1. Ms Whitby ceased to have a firearm licence as of this date, albeit with a statutory right to seek a review of the decision to the Tribunal pursuant to s 22(2) of the 1973 Act.[32]
2. On 27 June 2024, the 1973 Act was repealed and the 2024 Act commenced, but only in part. Part 1 and Pt 16 commenced with immediate effect, whilst the remaining parts to came into effect on 31 March 2025.[33]
3. As of 31 March 2025 Ms Whitby had not exercised her right to seek review of the Commissioner's delegate's decision. As such, she did not have a firearms licence or a current review application when the 2024 Act commenced in full.
4. Subsequent to the full commencement of the 2024 Act, on 8 April 2025, Ms Whitby sought review of the Commissioner's delegate's decision.[34]
5. Under the 2024 Act, authorisation to possess a firearm can take several different forms, each with distinct characteristics and purposes. These authorisations include a licence, a permit, a transitional authority and a replacement authority. Collectively, these authorisations are defined as a 'firearm authority'.[35]
6. Section 412 of the 2024 Act provides that for the purposes of Div 2 of Pt 16, a 'transitional authority' has the meaning given in s 413(1) of the 2024 Act. Section 413(1) authorises the continued operation of a 1973 Act authority. It states:

(1) A person who held a 1973 Act authority immediately before commencement day is taken to hold a firearm authority under this Act (a transitional authority) to replace the 1973 Act authority on and from commencement day. (Emphasis added).

1. Relevantly, 'a 1973 Act authority' is defined in s 403 to mean 'a licence, permit or approval under the 1973 Act'.[36] Ms Whitby's firearm licence meets this requirement. However, the difficulty she faces is that because her firearm licence had been revoked on 12 March 2025, approximately two weeks prior to the commencement of the 2024 Act, she did not hold that firearm licence 'immediately before commencement day' (emphasis added).
2. The term 'hold' is not defined in the 2024 Act, but its ordinary English meaning includes 'to remain valid; be in force'.[37] Applied in this context, it means to be legally authorised to possess the firearms licence, and to have a valid current licence. A revoked firearm licence is not encompassed by this definition.
3. The phrase 'immediately before commencement day' is commonly used in the drafting of transitional provisions in legislation in order to preserve existing rights or transfer entitlements from an existing Act to a new Act. It is not defined but is generally considered to mean the legal position that existed up to the exact moment the new Act begins. This interpretation is consistent with the ordinary English meaning of the word 'immediately' as defined in the Macquarie Dictionary Online to mean 'without lapse of time, or without delay; instantly; at once'.[38]
4. This interpretation is informed by s 21 of the Interpretation Act 1984 (WA), which provides that a written law begins at the first moment of the day on which it is expressed to commence. In this instance that is 31 March 2025. As Ms Whitby had no firearms licence as at 11.59.59 pm, on 30 March 2025, (the period immediately before the commencement of the 2024 Act), she cannot be said to hold a transitional authority under the 2024 Act.
5. As such, I find that Ms Whitby did not possess a transitional authority for the purposes of the 2024 Act. Accordingly, any processes used by the Commissioner in implementing transitional authorities under the 2024 Act are not relevant to Ms Whitby's situation and cannot be relied upon to enliven the jurisdiction of the Tribunal to determine the review application.
6. Notwithstanding that Ms Whitby did not hold a transitional authority, her right to seek review of the Commissioner's delegate's decision of 12 March 2025 was preserved by the operation of s 411(3) of the 2024 Act. Section 411 states:
   1. Decisions and other matters under 1973 Act

(a) the refusal to grant, issue or renew a licence, permit or approval under the 1973 Act or this Act; or

(b) the revocation or cancellation of a licence, permit or approval under the 1973 Act or this Act.

(2) A reference in this Act to administrative action under this Act includes administrative action under the 1973 Act.

(3) Any act, matter or thing done under or for the purposes of a provision of the 1973 Act and having effect immediately before commencement day is taken to have been done under or for the purposes of the corresponding provision of this Act.

1. Ms Whitby's firearms licence revocation decision under s 20 of the 1973 Act was an administrative action for the purposes of s 411(1)(b) of the 1973 Act. Further, applying s 411(3), the licence revocation decision was 'having effect immediately before' the commencement day of the 2024 Act because the 28-day review period attached to that decision had not yet expired.
2. As such, the licence revocation decision is taken to have been done under the relevant corresponding provision to s 20 of the 1973 Act. This provision is s 193(1)(d) in the 2024 Act. It states:

(1) The Commissioner may cancel or refuse to renew a firearm authority if the Commissioner is satisfied that -

(d) the holder of the firearm authority would not, because of another provision of this Act, be granted the firearm authority if the person were then applying for it; or

1. Once within the operation of the 2024 Act, s 430(1) details how that review is to occur, namely by application of the SAT Act and the relevant provisions of the 2024 Act.
2. The powers in s 29 of the SAT Act are relevant in that they allow the Tribunal to affirm, vary or set aside the decision under review and then either substitute its own decision or remit the decision to the decision-maker to be reconsidered.
3. Section 29 of the SAT Act (among other things) has been relatively recently considered in reference to the 2024 Act in Brenzi and Commissioner of Police[39] (Brenzi). In that case, the Tribunal considered whether it had jurisdiction to determine a matter in circumstances where the nominal expiry date of the firearms licence occurred after the lodgement of the review application, but prior to the Tribunal hearing and determining the application.
4. Member Mr T Carey held that as Mr Benzi's licence would have expired by the date of the Tribunal determination of the review application, and because there was no other legislative provision upon which to rely to renew the licence, 'he could not have held a licence under the [1973] Act immediately before the commencement of the 2024 Act'.[40]
5. Ms Whitby submits that her circumstances are contrary to the applicant in Brenzi because in that case, Mr Brenzi's licence had expired sometime before the commencement of the 2024 Act, and as a consequence, he would never have been able to apply for a replacement licence, meaning that the Tribunal lacked jurisdiction to determine the review application.[41]
6. I accept that the factual circumstances of Ms Whitby's situation are different to that in Brenzi. However, the legal effect of the fact that she lacked a firearm licence immediately before the commencement of the 2024 Act results in the same outcome as arrived at by Member Carey in Brenzi, namely as she had no transitional authority as at commencement of the 2024 Act, there is no legislative basis upon which to transfer the revoked firearm licence from the 1973 Act to the 2024 Act.
7. Member Dr B De Villiers considered similar issues in Tonkin and Commissioner of Police[42] (Tonkin) where he held that the powers in s 29 are not without limits in that the Tribunal can only exercise powers and functions available to the original decision-maker under the enabling Act (in this case the 2024 Act) or the SAT Act. Accordingly, there must be a reviewable decision by the original decision-maker. In this instance the reviewable decision is the Commissioner's delegate's decision to revoke Mr Whitby's firearms licence on 12 March 2025.
8. Relying on the judgment of the then Deputy President of the Tribunal Judge Chaney in Dulzurah Pty Ltd and Fisheries Department of WA[43] (Dulzurah), Member De Villiers held that in order for there to be jurisdiction to determine a reviewable decision, the Tribunal proceeding must occur within the term of the licence. If the licence is outside of this time period, the licence has expired, and 'ceases to exist due to an effluxion of time'[44] with the result that the Tribunal lacks jurisdiction to grant a new licence because the subject of the review no longer exists.[45] This applies regardless of whether or not the review has commenced before the expiry of the licence because the review remains subject to the licence even during the review.[46] In short, if the licence has expired, there is nothing left to review.
9. Member De Villiers noted this conclusion was consistent with Dunbar and Commissioner of Police[47] where Chaney J found in relation to the Security and Related Activities (Control) Act 1996 (WA), that if a licence is revoked and that decision becomes the subject of a review application to the Tribunal, the licence term is not stayed or extended. As a consequence, when the term of the licence expires 'the licence lapses automatically and the proceeding before the Tribunal becomes unjustified'.[48]
10. Applying the above analysis to Ms Whitby's situation, the jurisdiction to determine her review application ended on 30 August 2025, the date on which her licence expired.

Issue 2: Does the Tribunal have discretion to consider the renewal of a revoked firearm licence within the 90 days after the end of its term?

1. Even if I am incorrect in my analysis above, and Ms Whitby does have a transitional authority, I am of the view that there is no legislative basis upon which to keep her firearm licence current beyond the end of its nominal term of 30 August 2025.

1. On commencement of the 2024 Act, 1973 Act firearms licences ceased to exist.[49] They were replaced by a 'transitional authority' which transitioned 1973 Act firearm licences to a firearm authority under the 2024 Act.
2. The term transitional authority is defined in s 412 by reference to the meaning given in s 413(1), which provides that:[50]

A person who held a 1973 Act authority immediately before commencement day is taken to hold a firearm authority under this Act (a transitional authority) to replace the 1973 Act authority on and from commencement day.

1. A transitional authority exists for the purpose of providing a 'smooth and legally coherent'[51] transition of 1973 Act authorities[52] across to the 2024 Act whilst allowing 1973 Act licence holders to incrementally apply for new licences under the 2024 Act.[53] In that sense, it is effectively a temporary licence. This was reflected in the Second Reading Speech of the Hon Mr P Papalia MP, when he stated that transitional authorities were created to: 'enable an orderly and controlled process to move licence holders to the new law from the old act and the authorisations under it so we do not have everyone trying to do it at once, creating difficulties or concerns'.[54]
2. Section 416 of the 2024 Act addresses the term and renewal of a transitional authority. It states:

(1) A transitional authority remains in force for the remainder of the term of the 1973 Act authority that it replaces unless -

(a) the term of the transitional authority is changed by the Commissioner under subsection (2); or

(b) the transitional authority is sooner replaced under section 419 or cancelled.

(2) The Commissioner may change the term of a transitional authority by notice in writing to the holder of the transitional authority for the purpose of effecting the transition required because of the enactment of this Act.

(3) A transitional authority cannot be renewed as a transitional authority but may be replaced with a firearm authority under this Act that is granted under section 419 or that is granted on application in the ordinary course of the operation of this Act.

1. Relevantly, s 416(2) provides the Commissioner with the statutory power to change the term of a transitional authority in order to implement the transfer of 1973 Act firearm licences to transitional authorities under the 2024 Act. Significantly, neither party submitted that the Commissioner has used this power in the process of administering the transition of firearm licences from the 1973 Act to the 2024 Act.
2. Further, s 416(3) provides that a transitional authority cannot be renewed as a transitional authority but may be replaced by a firearm authority in one of two ways - either by the granting of a replacement authority, or the granting of a firearm authority on application in the ordinary course of the Act.[55] It is this second limb that Ms Whitby relies upon to suggest that her 1973 Act authority remains current (emphasis added).
3. As part of the argument in support of her contention, Ms Whitby submits that the reference to both the 'renewal' and 'replacement' of a transitional authority in Hansard is indicative of Parliament's intent that a renewal period should be available for a transitional authority.[56]
4. The relevant passage of Hansard states:[57]

... Overall, most firearm authority holders under the 1973 act will be able to retain their licence permit approval or exemption during the transitional period, which will become a transitional authority until renewal, when they may be issued a replacement authority, which is a licence permit or approval under the new act. (Emphasis added)

1. Section 19 of the Interpretation Act 1984 (WA) provides that extrinsic material such as the second reading speech of Parliament may be used to confirm the meaning of s 416 of the 2024 Act but not alter its meaning unless one of the stated sub-provisions such as ambiguity of meaning is met.[58]
2. In my view, the second reading speech is consistent with the construction provided for in the 2024 Act on its plain and ordinary reading. The inclusion of the word 'renewal' in the Hon Minster's second reading speech is referring to the point in time where the transitional authority is up for renewal i.e. its term ends (as provided for in s 416(1)), not as indicating that a renewal process is available to be applied to the transitional authority.
3. It follows that the second reading speech of Parliament is consistent with the statutory construction provided for in the text of s 416 and does not support the contention that a transitional authority can be renewed.

Can the 'Information Sheet' be relied upon to extend the term of a transitional authority?

1. The submissions made on Ms Whitby's behalf in relation to the Commissioner adopting a Standard Procedure that amounts to an action 'in the ordinary course of the Act' are somewhat difficult to follow. She says that the second limb of s 416(3) is enlivened based on the material contained in the 'Information Sheet Implementation Q&A regarding "New WA Firearm Laws" ' (Information Sheet). Ms Whitby contends that this document indicates that the Commissioner is adopting a Standard Procedure that routinely allows holders of a transitional authority 90 days after the end of the term of their firearms licence to make an application to renew their authority. In her view, this amounts to a discretion analogous to that provided for by s 179(3) of the 2024 Act to extend the term of a transitional authority.
2. The Commissioner's actions in terms of the implementation of transitional authorities (including the use of the Standard Procedure) are naturally the focus of this application. Notwithstanding the validity of this query, the Commissioner's counsel was unable to confirm or deny if the Commissioner is implementing a Standard Procedure. Neither was he able to identify a statutory basis for the use of the Standard Procedure.
3. When questioned about the adoption of a Standard Procedure, the Commissioner's counsel responded by noting that to the extent such a procedure exists, the Commissioner's actions in implementing transitional authorities under the 2024 Act were driven by practical necessity and that to the extent any ultra vires actions had occurred, s 288 of the 2024 Act provides the Commissioner with a discretion against prosecution of transitional authority holders if he considers it appropriate.
4. In response, Ms Whitby's counsel submitted that in such circumstances, it would seem that the Commissioner was acting ultra vires in replacing transitional authorities with firearm authorities in the 90-day grace period following the end of the term of a transitional authority.
5. I make no finding about this issue as it is not the role of the Tribunal to conduct a review of how the Commissioner is implementing the new Act. Nor is it the role of the Tribunal to make general findings about the Commissioner's implementation of transitional authorities under the 2024 Act. Rather, the Tribunal is limited to conducting a de novo review of the decision made by the Commissioner's delegate to arrive at the correct and preferable decision in relation to Ms Whitby's firearm authority.
6. In performing that task, I am confined to the exercise of powers as available within the relevant statutory context in so far as they relate to Ms Whitby's firearm licence. To achieve this, a detailed consideration of the nexus between s 416(3) of the 2024 Act and the Information Sheet is required.
7. The relevant portion of s 416(3) provides that a 'transitional authority cannot be renewed as a transitional authority but may be replaced with a firearm authority under [the 2024 Act] that is granted on application in the ordinary course of the operation of this Act'[59] (emphasis added).
8. On balance, I do not consider that it is appropriate to conflate the action that the Commissioner may or may not be taking in implementing transitional authorities with the 'ordinary course of the operation of this Act'.
9. The purpose and form of the Information Sheet refers to the existence of 90 days from renewal date of a licence to transition to a new licence. Whilst this supports Ms Whitby's contention about the Commissioner's use of a Standard Procedure,[60] this practice cannot be characterised as something undertaken in the ordinary course of the Act.
10. The Information Sheet does not possess the characteristics of a document relied upon for actions undertaken in the ordinary course of the Act. It is not referred to as a policy prepared pursuant to the 2024 Act and makes no mention of the exercise of power pursuant to a legislative provision as a basis upon which to exercise a discretion in relation to the timing of a replacement of a transitional authority. This factor is significant in that the Commissioner has the necessary statutory power to extend the term of a transitional authority should he wish to do so.[61]
11. In addition, the language used is imprecise - the Commissioner conceded that the Information Sheet could be 'misleading for firearm holders'.[62] Further, it is in the form of 'questions and answers' and contains the title 'Information' which supports the contention that its aim is to provide an overview of the transition process.
12. The Commissioner's counsel explained that the Information Sheet was prepared without the benefit of legal input and with an emphasis on the use of plain English with the result that some of the nuance of complex concepts and technical legal terms may have been lost. He argued that the reference to having 90 days to comply with the new legislation could be read two ways and further noted that the licensing services section of the WA Police had been notified of the confusion surrounding the material in the information sheet.[63]
13. The Commissioner's counsel also submitted that regardless of the form of the document, the intent was to provide information to licence holders that they need to begin the process of transitioning to the 2024 Act, not a notification that there is an extension or renewal of their transitional authority.[64]
14. In my view, these factors are indicative of the Information Sheet being unable to be relied upon to base the exercise of a statutory power to extend the term of the transitional authority on the basis of being a Standard Procedure adopted in the ordinary course of the Act.

Can s 179(3) of the 2024 Act be relied upon to extend the term of a transitional authority?

1. As a matter of statutory construction, I have concluded that s 179(3) of the 2024 Act does not apply to a transitional authority.
2. Section 179 refers to extending the period in which a renewal application for a firearm licence [emphasis added] may be made.[65] It makes no express reference to a transitional authority.
3. As noted above at [34] a licence and a transitional authority are separate and distinct forms of firearm authority. They have different characteristics and purposes. As a matter of statutory construction, the following factors support the contention that that are not meant to be used interchangeably:

(1) They have been attributed separate definitions within the 2024 Act, in s 5 (licence) and s 412 and s 413 (transitional authority) respectively.

(2) They have been used consistently through the 2024 Act, but in distinct ways.

(3) They are contained in separate Parts, being the Pt 2 (Licences) and Pt 16 (Transitional and Savings).

1. Based on the above, I have concluded that s 179 is limited in application to a licence only and cannot be relied upon to extend the renewal period of a transitional authority. It follows that s 179(3) which gives the Commissioner discretion to renew a firearm licence within the 90 days following the end of its term is not available to be applied in relation to a transitional authority.

1. Consistent with my conclusions above at [45] - [53], Ms Whitby's firearm licence has expired and is not capable of being extended. It follows that the Tribunal does not have jurisdiction to determine the review application.

1. Given my findings above, the preliminary question 'whether the applicant's licence has expired and in turn, whether the Tribunal has jurisdiction to determine the application' must be answered as follows:

(1) The applicant's licence has expired, and the Tribunal has no jurisdiction to determine the application.

1. As Ms Whitby has indicated that she wishes to make another application for a firearm licence, the Tribunal has adjourned the matter until 27 March 2026 to enable the parties to make submissions in relation to the precise terms of the orders to be made consequent on the determination of the preliminary issue.

1. The preliminary issue is answered by the Tribunal finding that the applicant's firearm authority has expired and that the Tribunal has no jurisdiction to determine the application.
2. Written reasons for the decision will be published shortly.
3. The proceeding is adjourned to a further directions hearing to commence at 10.00 am on 27 March 2026 at for a duration of one hour at 565 Hay Street, Perth in order to enable the parties to make submissions in relation to the precise terms of the orders to be made consequent on the determination of the preliminary issue.

I certify that the preceding paragraph(s) comprise the reasons for decision of the State Administrative Tribunal.

[7] Exhibit A, page 29, para 6. The basis of the revocation is not relevant for the determination of this preliminary issue, but the Commissioner's delegate had formed the view that Ms Whitby was no longer a fit and proper person to hold the licence.

[8] Made pursuant to s 335 of the 2024 Act.

[11] Exhibit A, pages 19 - 22 (Ms Whitby) and pages 28 - 33 (Commissioner).

[16] Orders 1 and 2 of Member Ms Hebiton dated 11 November 2025.

[18] As referred to in Exhibit A, page 21, para 19 and as reproduced in full at Exhibit B, pages 4 - 6.

[20] Section 9A(3), which provides a 12-month discretion period to renew a licence, and s 179(3) of the 2024 Act which gives the Commissioner discretion to renew a licence 'before the end of the term of the licence or within 3 months after the end of that term'.

[23] Section 440 and s 441 of the 2024 Act.

[30] Exhibit A, page 21, para 16 and page 31, para 28.

[32] The time period in which to exercise this right is 28 days as contained in r 9 of the State Administrative Tribunal Rules 2004 (WA).

[33] Exhibit A, page 30, paras 13 - 15.

[35] Section 5, 2024 Act.

[37] Macquarie Dictionary Online, 2026, Macquarie Dictionary Publishers, an imprint of Pan Macmillan Australia 2026.

[38] Macquarie Dictionary Online, 2026, Macquarie Dictionary Publishers, an imprint of Pan Macmillan Australia 2026.

[39] Brenzi and Commissioner of Police [2025] WASAT 79.

[42] Tonkin and Commissioner of Police [2011] WASAT 24.

[43] Dulzurah Pty Ltd and Fisheries Department of WA [2005] WASAT 144.

[45] Tonkin [31], referring to Dulzurah [29].

[47] Dunbar and Commissioner of Police [2007] WASAT 90.

[48] Tonkin at [33], and as referred to in Exhibit A, page 33, para 41 and Brenzi [26] - [29].

[52] As defined in s 403 of the 2024 Act.

[54] Western Australia, Parliamentary Debates, Legislative Assembly, 20 March 2024, (P. Papalia) as referred to in extract from Hansard, 20 March 2024, pages 1190b - 1197a, page 7, para 2, in Exhibit A, pages 31 - 32 para 30.

[57] Western Australia, Parliamentary Debates, Legislative Assembly, 20 March 2024, (P. Papalia) as referred to in extract from Hansard, 20 March 2024, pages 1190b - 1197a, page 7, para 2, in Exhibit A, pages 31 - 32 para 30.

[58] See Pearce, Dennis, Statutory Interpretation in Australia, (10th ed, LexisNexis Australia, 2024) page 105, para 3.11.

[62] Oral submissions of the Commissioner's counsel on 11 November 2025.

[63] Oral submissions of the Commissioner's counsel on 11 November 2025.

[64] Oral submissions of the Commissioner's counsel on 11 November 2025.