Schinnerl v The Commissioner of Police

Schinnerl appealed to the New South Wales Court of Appeal against a decision of the Supreme Court of New South Wales. The dispute concerned the validity of a notice issued by the Commissioner of Police under section 36(1) of the *Firearms Act 1989* (NSW) requiring the appellant to surrender his firearms. The Commissioner had formed the opinion that it was in the public interest that the appellant should not possess firearms.

The Court of Appeal was required to determine whether the Commissioner's opinion, formed under section 36(1) of the *Firearms Act 1989*, was a valid exercise of power. Specifically, the court considered whether the Commissioner's opinion was based on relevant considerations and whether it was affected by an error of law, such as an improper purpose or a failure to take relevant considerations into account.

The Court of Appeal held that the Commissioner's opinion was not a valid exercise of power. The court found that the Commissioner had failed to take into account relevant considerations when forming his opinion, namely the appellant's prior good character and the fact that the firearms were used for legitimate sporting purposes. The court also found that the Commissioner had acted for an improper purpose, namely to punish the appellant for past conduct unrelated to his suitability to possess firearms. The legal principle applied was that administrative decisions must be based on relevant considerations and must not be made for an improper purpose.

The Court of Appeal allowed the appeal and set aside the notice issued by the Commissioner of Police.