Livadaru v Commissioner of Police

[2008] NSWADT 160

CITATION:	Livadaru v Commissioner of Police, NSW Police Force [2008] NSWADT 160
DIVISION:	General Division
PARTIES:	APPLICANT Camelia Codruta Livadaru RESPONDENT Commissioner of Police, NSW Police Force
FILE NUMBER:	083037
HEARING DATES:	14 May 2008
SUBMISSIONS CLOSED:	14 May 2008
DATE OF DECISION:	2 June 2008
BEFORE:	Handley R - Deputy President
CATCHWORDS:	Firearms Act - firearms licence - revocation of licence or permit
MATTER FOR DECISION:	Principal matter
LEGISLATION CITED:	Firearms Act 1996 Firearms Regulation 2006
CASES CITED:	Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Bazouni and ors v Commissioner of Police, NSW Police Service [2002] NSWADT 100 Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Ward v Commissioner of Police, New South Wales Police Service [2000] NSWADT 28 Hocking v Commissioner of Police, NSW Police Service [2002] NSWADT 214 Hughes & Vale Pty Ltd v New South Wales (No 2) (1955) 93 CLR 127 McBride v Walton (NSW Court of Appeal, unreported, 15 July 1994)
REPRESENTATION:	APPLICANT M Coroneos, barrister RESPONDENT M Thangaraj, barrister
ORDERS:	1. The Commissioner’s decision to revoke Ms Livadaru’s category AB firearms licence is set aside and a decision substituted reinstating that licence 2. The Commissioner’s decision to revoke Ms Livadaru’s firearms dealer licence is affirmed.

REASONS FOR DECISION

1 On 31 January 2008, Camelia Livadaru applied to the Tribunal for the review of decisions of the Commissioner of Police (‘the Commissioner’) made under the Firearms Act 1996 (‘the Act’) to revoke her category AB firearms licence and her firearms dealer licence on the ground of the public interest.

Background

2 Ms Livadaru was born in Romania and migrated to Australia in 1989. She has been married for 13 years to Cezar Livadaru by whom she has three children aged nine, six and three years. Mr Livadaru is a house painter. Ms Livadaru has no criminal convictions and has never been charged with a criminal offence.

3 On 17 November 2000, Ms Livadaru was issued with a personal category AB firearms licence, which was renewed on 11 January 2006 with an expiry date of 11 January 2011. On 21 February 2006, Mr and Ms Livadaru registered the business name ‘Survival Arms’, the specified nature of the business being camping, fishing and hunting gear and accessories. On 9 April 2006, Ms Livadaru was issued with a firearms dealers licence for the business ‘Survival Arms’ with an expiry date of 9 April 2011. Ms Livadaru runs an online business under this name from her home in the Sydney suburb of Sadleir, selling firearms accessories and hunting, fishing and camping gear. In the course of this business, Ms Livadaru imports products from overseas, including, in 2007, some letter openers and telescopic stocks, which came to the attention of the Australian Customs Service (‘Customs”).

4 On 8 August 2007, Customs officers accompanied by the NSW Police Force, acting under the authority of a warrant, conducted a search of Mr and Ms Livadaru’s home at Sadleir and seized various items located there, including some white crystals, suspected…