Registrar of Firearms v Marksman Training Systems Pty Ltd (No 2)

The Full Court of the Supreme Court of South Australia heard an appeal concerning the cancellation of firearms licences held by Marksman Training Systems Pty Ltd. The appeal was brought by the Registrar of Firearms against a decision of the District Court which had overturned the Registrar's cancellation of Marksman's dealer's licence and firearms licence. The dispute arose from alleged unaccounted for firearms and record-keeping deficiencies identified during audits.

The primary legal issue before the Full Court was the proper construction of the appeal provisions within the *Firearms Act 1977* (SA) and the *District Court Act 1991* (SA), specifically concerning which decision was the subject of an appeal. The Registrar contended that the appealable decision was that of the Firearms Review Committee, which had affirmed the Registrar's initial decision to cancel the licences. Marksman, conversely, argued that the appeal was against the Registrar's original decision.

The Full Court reasoned that the *District Court Act* defines an "original decision-maker" as the person or body whose decision is appealed against. It further held that the legislative history of section 26C of the *Firearms Act* indicated an intention for appeals to be against the substantive decision of the Registrar, not merely the affirmation of that decision by a review committee. The Court found that the Registrar, not the Firearms Review Committee, was the "original decision-maker" in this context. Consequently, the Registrar's appeal was dismissed.