Queensland Police Service - Weapons Licensing v Ryder

The Queensland Police Service - Weapons Licensing has appealed against the decision of the Queensland Civil and Administrative Tribunal (QCAT) in relation to the granting of an exemption for the respondent, Mr Ryder, to possess and use a silencer. The QCAT had set aside the appellant's decision and granted the exemption, subject to 'further directions'. The appeal raises issues concerning the jurisdiction of the Tribunal to review the decision to refuse an exemption, the criteria for granting an exemption, and whether the Tribunal failed to consider relevant factors and took into account irrelevant considerations.

The court first examined whether the refusal to grant an exemption is a reviewable decision under the Weapons Act 1990 (Qld). The court determined that a decision to refuse an exemption is not a reviewable decision under s 142 of the Act, which lists decisions that can be reviewed by QCAT. The court also found that there was no scope to apply an exemption of specific provisions to allow Mr Ryder to possess a silencer, which is a Category 'R' weapon. The court considered that the construction of s 142(1)(a) and the surrounding provisions, the stated principles and objects of the Act, and the legislature's intention for the Act to be workable and operate in a practical and sensible way, indicated that an exemption is not an application for a 'permit, approval or other authority' in terms of s 142(1)(a) of the Act.

The court then examined whether the Tribunal failed to have regard to relevant considerations and had regard to irrelevant considerations. The court found that the Tribunal did not fail to consider relevant factors or take into account irrelevant considerations. The court held that the Tribunal's observation that including a silencer in category R may be 'questionable' was a passing observation in the context of findings as to the interpretation of the relevant provisions of the Act and was not a consideration underlying the decision.

The court concluded that the appeal is allowed, leave to appeal is granted, the decision of the Tribunal dated 4 October 2018 is set aside, and the proceeding GAR109-18 is dismissed.