Australia, Sept. 9 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 8:

1. This appeal concerns the Appellant's application for a firearms licence. The appeal involves consideration of provisions of the Firearms Act 1996 (NSW), the Firearms Regulation 2017 (NSW) and the Crimes Act 1900 (NSW).

2. The Appellant appeals a decision (which we will refer to as the Decision), published on 13 January 2025, the effect of which was to determine that the Tribunal did not have jurisdiction to review the decision of the Respondent to prohibit the Appellant from having a firearms licence.

3. The Decision also determined, that if, contrary to the determination that the Tribunal did not have jurisdiction to review the Respondent's decision, the Tribunal did have jurisdiction, then the Appellant's application for an extension of time should be refused. Accordingly, the Tribunal dismissed the Appellant's application.

Factual context of the appeal

4. The Decision, at [1]-[2], [10]-[14] and [23]-24], records the essential background facts which are not disputed between the parties. They are as follows:

1) 22 September 2014 - the Appellant was arrested and charged with two criminal offences, namely; Cultivating a prohibited plant contrary to the Drug Misuse and Trafficking Act 1985 (NSW), s 23(2)(a); and Participating in a criminal group/assisting criminal activity - T2, contrary to the Crimes Act, s 93T(1). Those charges were subsequently withdrawn, and the Applicant entered a plea of guilty to the office of "conceal serious indictable offence of another person - T1" contrary to the Crimes Act, s 316(1).

2) 15 June 2015 - the Respondent made a Firearms Prohibition Order (FPO) pursuant to the Firearms Act, s 73(1).

3) 26 August 2015 - an internal review of the FPO order was conducted and finalised.

4) 25 September 2015 - the Appellant sought administrative review of the decision to impose the FPO, and later withdrew that application.

5) 21 September 2018 - the Appellant was sentenced in the District Court of New South Wales to a term of imprisonment of eight months

6) 29 August 2019 - the New South Wales Court of Criminal Appeal quashed the prison sentence and replaced it to a term of imprisonment for six months to be served by way of an Intensive Correction Order: Casella v R [2019] NSWCCA 201 (Casella v R).

7) 17 October 2019 - the Appellant made an application for administrative review of the FPO but later withdrew that application.

8) 28 November 2019 - the Appellant's solicitor wrote to the Respondent seeking a revocation of the FPO.

9) 10 December 2019 - the Respondent replied to the effect that in the opinion of the Respondent, the Appellant is not fit to have access to firearms and that it supported the continuance of the FPO.

10) 28 June 2024 - the Appellant received legal advice, that differed from previous legal advice he had received, concerning his prospects to seek review of the Respondent's refusal to revoke the FPO.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1988304562d3177181f436b7)

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