18 Sporting Shooters Association of Australia (NSW) Inc.
Q1. My firearms licence has been suspended by the
Police. What options are available to me to have the
suspension lifted?
A1. The authority to make decisions regarding
firearms licensing matters lies with the Commissioner
of Police. The Commissioner then delegates that
authority to the NSW Police Firearms Registry. The
Police generally have powers to suspend firearms
licenses, but it is still a delegated power.
Section 75 of the Firearms Act 1996 outlines when
a person can seek an administrative review of a
decision of the Commissioner of Police. Decisions
such as refusing an application for a licence, revoking
a licence or placing special conditions on a licence
are some of the reviewable decisions contained with
section 75.
Unfortunately, a decision to suspend a licence is
not captured by section 75 and is therefore not
reviewable by internal review or an application for
review in the NSW Civil and Administrative Tribunal
(NCAT).
Many things can bring about a licence being
suspended. Possible breaches of the Act; domestic
violence reports and mental health issues are but a
few of the matters that
will normally mean Police
will suspend a licence and
seize firearms until such
time as their investigation
is completed and a decision is made by the Firearms
Registry whether or not to lift the suspension, impose
special conditions or revoke a licence. This means the
licence holder is in limbo until that decision is made
and there is little that can be done legally to speed up
that process.
Stephen Mainstone
The information contained in this article is general in
nature and should not be considered legal advice.
Should you require legal advice relevant to a particular
matter concerning you, it is always advisable to contact a
lawyer. Mainstone Lawyers is able to provide legal advice
regarding all firearms and other Police related matters.
Contact our office on (02) 9531 0322,
email at info@mainstonelawyers.com.au
or on our website www.mainstonelawyers.com.au
Ask Stephen
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