Kazolis v Registrar of Firearms

In Kazolis v Registrar of Firearms, the plaintiff, Kazolis, appealed against the decision of the Registrar of Firearms to cancel his firearms licence. The Registrar decided that Kazolis had knowingly borrowed his son's licence in contravention of the Firearms Act 1996 (ACT). The primary issue before the court was whether Kazolis knowingly borrowed his son's licence and, if so, whether the Tribunal's decision to cancel the licence was procedurally fair.

The court examined the meaning of 'borrowed' in the context of the Firearms Act. It found that the term implies a temporary transfer of possession with the expectation of return. The court also considered whether the Tribunal's decision denied Kazolis procedural fairness. The court noted that Kazolis did not have the opportunity to challenge the evidence against him in the Tribunal due to its limited evidentiary powers, which contrasted with the powers of an ACT court under the Evidence Act. The court held that the Tribunal's reliance on this limited evidence, without the opportunity for cross-examination or the issuance of a privilege certificate, was unfair.

The court found that the Tribunal's decision was flawed due to the denial of procedural fairness. It quashed the decision of the Registrar and remitted the matter to the Tribunal for reconsideration. The court also made an order that the Registrar pay Kazolis's costs of the proceeding.