CMB v Attorney General for New South Wales

The case of *CMB v Attorney General for New South Wales* concerned a challenge brought by CMB against the Attorney General for New South Wales. The dispute arose from the Attorney General's decision to refuse to grant CMB a licence to possess a firearm, specifically a semi-automatic rifle, for the purpose of participating in competitive shooting events. CMB had sought this licence under the *Firearms Act 1996* (NSW).

The central legal issue before the High Court of Australia was whether the Attorney General's refusal to grant the licence was lawful. This required the Court to consider the scope of the Attorney General's discretion under the *Firearms Act 1996* (NSW) and whether the refusal was based on relevant considerations or was vitiated by an error of law, such as an improper exercise of that discretion. The Court also had to determine if the refusal was consistent with the objects and purpose of the *Firearms Act 1996* (NSW), which include the regulation of firearms to ensure public safety while also permitting lawful firearm ownership and use.

The High Court ultimately found that the Attorney General had erred in law in refusing the licence. French CJ and Gageler J held that the Attorney General had failed to properly consider the specific circumstances of CMB's application, including his long history of safe and responsible firearm ownership and his genuine participation in competitive shooting. The Court reasoned that the refusal was based on a misinterpretation of the relevant legislative provisions and an overemphasis on general concerns about firearm misuse, without adequately weighing the specific evidence presented by CMB demonstrating his suitability. The principles applied included the requirement for administrative decision-makers to act within their statutory powers, to consider all relevant factors, and to disregard irrelevant ones.

The High Court made orders allowing CMB's appeal and remitting the matter to the Supreme Court of New South Wales for determination according to law, with directions that the Attorney General reconsider CMB's application in accordance with the Court's reasons.