Pang v Commissioner of Police, NSW Police Force

Pang sought judicial review of the Commissioner’s refusal of his application for a firearms licence under the Firearms Act. The refusal was based on Pang being a non-resident of New South Wales. Pang argued that the Commissioner erred in interpreting the Act and in the exercise of discretion under it. The case was heard in the Land and Environment Court of New South Wales.

The court needed to determine whether the Commissioner correctly interpreted the term 'resident of this State' in the Firearms Act, and whether the refusal of Pang’s application was a lawful exercise of discretion. Pang submitted that the term 'resident of this State' did not exclude him, as he was a permanent resident of Australia, and that the Commissioner should have considered his suitability to hold a firearms licence. The Commissioner argued that Pang did not meet the residency requirements for a firearms licence under the Act.

The court found that the term 'resident of this State' in the Firearms Act was ambiguous and could be interpreted to include permanent residents of Australia. The court held that the Commissioner failed to properly consider Pang’s suitability for a firearms licence and erred in not taking into account all relevant considerations. The court set aside the Commissioner’s decision and substituted it with a decision to grant Pang’s application for a Category AB firearms licence.