Australian Firearms and Munitions Pty Ltd v Attorney-General

Australian Firearms and Munitions Pty Ltd (the applicant) sought judicial review of a decision made by the Attorney-General (the respondent) concerning the classification of the Veloce Shotgun for the purpose of importation. The applicant, who imports and sells firearms, argued that the Veloce Shotgun should be classified under a particular category in the Prohibited Imports Regulations, which would allow for its importation for sale. The respondent disagreed and classified the firearm under a category that prohibited its importation for sale. The court was required to decide whether the decision made by the respondent was authorised under the relevant regulations and whether it constituted a "decision... under an enactment" within the meaning of the Administrative Decisions (Judicial Review) Act 1977 (Cth).

The court held that the decision made by the respondent was not authorised under the regulations and did not constitute a "decision... under an enactment". The court found that the decision was not expressly or impliedly required or authorised by the enactment, and did not confer, alter or otherwise affect legal rights or obligations. The court held that the decision was merely an expression of opinion and did not have legal effect. The court also found that the decision did not constitute a "decision... under an enactment" because it did not derive from the enactment and did not confer, alter or otherwise affect legal rights or obligations.

The court dismissed the application for judicial review. The court held that the decision made by the respondent was not reviewable because it did not constitute a "decision... under an enactment". The court also held that the applicant had not established any of the grounds of review that it had argued.

The court made no orders for costs.