Thayli Pty Ltd v Commissioner of Police

Thayli Pty Ltd appeals against a decision of the Commissioner of Police to impose conditions on the approval of a shooting range on Ella Valla station, which is leased by Thayli. The Commissioner's approval of the range under s 8(1)(m) of the Firearms Act 1973 (WA) is subject to conditions regulating the safe conduct of the range. Thayli contends that no such conditions may be imposed by the Commissioner. The Commissioner appealed to the General Division of the Supreme Court, which allowed the appeal and remitted the matter to the State Administrative Tribunal for reconsideration. The Tribunal's decision to set aside the Commissioner's decision and remit the matter to the Commissioner for reconsideration was appealed by the Commissioner to the Court of Appeal. The Court of Appeal found that the Commissioner's power to approve a shooting range is inherent in and conferred by s 8(1)(m) of the Firearms Act. The Court of Appeal held that the Commissioner's power to impose conditions on an approval of a range extends to conditions regulating the safe conduct of the range. The Court of Appeal held that the primary judge did not err in the exercise of her discretion, conferred by s 105(10) of the State Administrative Tribunal Act 2004 (WA), to make the direction that the Tribunal not be constituted by the original member. The appeal was dismissed.