Scott v Queensland Police Service Weapons Licensing

Jennifer May Scott sought review of a decision by the respondent, the Queensland Police Service – Weapons Licensing, to reject her application to renew her weapons licence. The respondent contended that Ms Scott’s reason for possessing a weapon did not constitute an occupational requirement as required by the Weapons Act 1990 (Qld). Ms Scott raised a small number of cattle on her property for personal consumption and claimed this activity constituted an occupational requirement. The sole issue for determination was whether Ms Scott had demonstrated an occupational requirement to possess a weapon for the purposes of the Weapons Act.
In reaching its decision, the Tribunal considered the meaning of occupational requirement in the context of the Weapons Act. It held that an occupational requirement required commercial activity with a view to financial profit. The Tribunal found that whilst Ms Scott’s activities were in the nature of those carried out by a grazier, they did not amount to an occupation as they were not commercial activities with a view to profit. The Tribunal was not satisfied that Ms Scott had demonstrated an occupational requirement to possess a weapon.
The Tribunal confirmed the respondent’s decision to reject Ms Scott’s application to renew her weapons licence.