SSAA NSW

Sporting Shooters Association of Australia (NSW) Inc. 6 Legal Matters So what is "a Section 10"? Section 10 of the Crimes (Sentencing Procedure) Act 1999 provides a Court with a discretion to find a person guilty of an offence, but not to record a conviction against them and either dismiss the matter (Section 10(1)(a)) or place them on a good behaviour bond (Section 10(1)(b)). I cannot express strongly enough that an expectation if you are dealt with under the Section you will keep your firearms licence is a myth. This is particularly so if the matter for which you are attending court is a firearms offence. What being dealt with under the Section means that the decision of the Commissioner of Police through the Firearms Registry to then revoke your firearms licence or refuse an application for a firearms licence is discretionary and not mandatory (with the exception of for the period you are on a bond if dealt with under Section 10(1)(b)). If the exercise of the discretion by the Commissioner is against you, it allows you the opportunity to seek an Internal Review of that decision and if unsuccessful, to apply for a review in the NSW Civil and Administrative Tribunal (formerly the Administrative Decisions Tribunal). In my experience, if the offence for which you are dealt with under Section 10 is firearms related, there is every likelihood the Commissioner will seek to revoke or refuse your licence and will not overturn that decision under Internal Review. However, a good level of success has been achieved in having those decisions overturned in the Tribunal, depending on the facts of the case. Naturally, if the matter for which a person has been dealt with under the Section is not firearms related, the Commissioner may not choose to revoke or refuse your licence at all. If the matter relates to violence or drug use it may well raise the interest of the Commissioner to review the person's suitability to hold a licence. So, Section 10 provides you with an opportunity... but it is not the saviour of your firearms licence in every situation. 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 WHAT IS "A SECTION 10" The NSW Shooter is published by the Sporting Shooters Association of Australia (NSW) Inc Disclaimer: Please note that the views expressed are not necessarily those of SSAA (NSW) Inc. Attention: Branch Secretaries/Publicity Officers Editorial deadline for the May 2014 issue of the NSW Shooter is Friday 18 April 2014. Editor: Diana Melham Graphic Designer: Craig Rogers Post all correspondence and contributions to: Newsletter PO Box 1001 ST MARYS NSW 1790 or email nswshooter@nsw.ssaa.org.au Cover: Single Action Shooter Almost every person who rings me, within the first 2 minutes of our conversation, says something similar to; "I've been told if I get a Section 10, I can keep my firearms licence."

• Cover