Mowle and Commissioner of Police (NSW)

This matter concerned an application by Mr Mowle for a New South Wales (NSW) security licence (Class 1AC) under the *Mutual Recognition Act 1992* (Cth). The Commissioner of Police refused the application on two grounds: that a previous NSW licence held by Mr Mowle had been revoked, and that he had provided materially false or misleading statements in his application. Mr Mowle sought a review of this decision before the Tribunal.

The Tribunal was required to determine whether Mr Mowle's previous NSW licence had been revoked, and if so, whether this revocation was on disciplinary grounds. It also needed to consider whether Mr Mowle had made materially false or misleading statements in his application. Crucially, the Tribunal had to assess whether Mr Mowle could rely on a security licence he held in the Northern Territory to entitle him to the issue of a NSW licence, particularly in light of the Commissioner's argument that the NSW licence had been cancelled on disciplinary grounds, thereby affecting the Northern Territory licence under section 33 of the *Mutual Recognition Act 1992* (Cth).

The Tribunal found that Mr Mowle's previous NSW licence had not been revoked on disciplinary grounds. The failure to obtain a photo-licence card by a specified date did not constitute disciplinary action, as there was no wrongdoing or intent to reprimand Mr Mowle. Consequently, section 33 of the *Mutual Recognition Act 1992* (Cth) did not apply to affect his Northern Territory licence. The Tribunal noted that while Mr Mowle's NSW licence had expired on 3 March 2015 and was not renewed, his Northern Territory licence, granted on 9 July 2015, appeared valid on its face. The Tribunal concluded that Mr Mowle was entitled to be registered as the holder of a Class 1AC security licence in NSW on the date his application was received.

Accordingly, the Tribunal set aside the Commissioner's decision to refuse Mr Mowle's application and remitted the matter to the Commissioner for reconsideration in accordance with the Tribunal's reasons.