Prevetera v Commissioner of Police

The matter before the court involved Sam Prevetera, the applicant, who sought to challenge the revocation of his Category AB Firearms Licence by the Commissioner of Police. The case was heard in the Administrative Appeals Tribunal (AAT). The central issue was whether the Commissioner’s decision to revoke the licence was lawful and in the public interest, considering the applicant’s history of firearms misuse and the risk he posed to the public.

The court needed to determine whether the Commissioner had correctly exercised his discretion under the relevant statutory provisions and whether the revocation was proportionate to the risk posed by the applicant. Specifically, the court examined whether the decision to revoke the licence was supported by substantial reasons, and if the conditions imposed on the licence, if any, were appropriate and enforceable.

The AAT found that the Commissioner’s decision to revoke the licence was not supported by sufficient evidence and was not in the public interest. The court held that while the applicant had a history of firearms misuse, the Commissioner had not adequately demonstrated that the revocation was necessary to protect the public. Instead, the AAT determined that imposing conditions on the licence, such as prohibiting the storage or possession of firearms near the applicant’s residence and requiring the safe storage of firearms at a specified location, would adequately mitigate the risks. These conditions were deemed to be a more proportionate response to the circumstances.

The court set aside the decision to revoke the licence and imposed the specified conditions on the applicant’s licence. The applicant is required to store firearms away from his residence, not possess firearms within 200 metres of his home, and notify the Firearms Registry if firearms are stored elsewhere. These conditions aim to address the public safety concerns while allowing the applicant to retain his licence under controlled circumstances.