Turner v Queensland Police Service Weapons Licensing Branch
[2011] QCAT 418
•7 September 2011
| CITATION: | Turner v Queensland Police Service Weapons Licensing Branch [2011] QCAT 418 |
| PARTIES: | Roy Leonard Turner (Applicant) |
| v | |
| Queensland Police Service Weapons Licensing Branch (Respondent) |
| APPLICATION NUMBER: | GAR143-11 |
| MATTER TYPE: | General administrative review matters |
| HEARING DATE: | On the papers |
| HEARD AT: | Brisbane |
| DECISION OF: | Michelle Howard, Member |
| DELIVERED ON: | 7 September 2011 |
| DELIVERED AT: | Brisbane |
ORDERS MADE: | 1. The decision dated 19 April 2011 revoking Firearms Licence 10084610-01 held by Roy Leonard Turner is confirmed. |
| CATCHWORDS: | REVIEW APPLICATION – under Weapons Act 1990 – whether fit and proper person to hold the licence – where revocation of licence following conviction for offences involving the possession of weapons Queensland Civil and Administrative Tribunal Act 2009, ss 19, 20, 24 Pollock v Queensland Police Service Weapons Licensing Branch [2011] QCATA 189 Peebles vQueensland Police Service Weapons Licensing Branch [2010] QCAT 221 |
APPEARANCES and REPRESENTATION (if any):
This matter was heard and determined on the papers pursuant to s 32 of Queensland Civil and Administrative Tribunal Act2009 (QCAT Act).
REASONS FOR DECISION
On 14 March 2011, Mr Turner was convicted in Cairns Magistrates Court of unlawful possession of weapons, including 2 handguns; 1 crossbow and a semi-automatic shotgun. On the same day, Mr Turner faced several other charges not related to firearms in respect of which he was fined but no conviction was recorded. These concerned disturbing dangerous native animals in the wild; selling liquor without a permit and failing to comply with conditions of a relevant authority. The latter was apparently a direction given to him by Queensland Parks and Wildlife Services.
Shortly afterwards on 19 April 2011, an authorised officer in the Queensland Police Service Weapons Licensing Branch issued a decision under the Weapons Act 1990 (the Act) revoking Firearms Licence 10084610 held by Mr Turner. Mr Turner has applied to the tribunal for review of the decision.
The tribunal directed that both parties file their statements of evidence and submissions in respect of the application, which they have now done.
Mr Turner, together with his wife, has owned and operated a small resort in a remote island off the coast of Cape York Peninsula for many years. Crocodiles are among the native wildlife. Mr Turner asserts that guests feel secure when he has carried a gun on excursions. He considers his excursions with guests are compromised unless he has a gun with him, although he says he has never harmed a crocodile on the island. He also provided various character references, including several from regular guests at the resort. Among other things, they refer to the remoteness of the location; Mr Turner’s commitment to conservation; and their observations about his safety conscious approach to firearms. One speaks of an incident involving a large crocodile biting and scratching his son. One apparently seeks to explain why Mr Turner may have sold liquor on some occasion.
The authorised officer provided a comprehensive sworn affidavit as to the variety of issues he considers relevant to whether Mr Turner is a fit and proper person to hold a licence.
The application is made in the review jurisdiction of the tribunal.[1] The tribunal must hear and decide the review by way of fresh hearing on its merits.[2] However, it must be determined in accordance with the Queensland Civil and Administrative Tribunal Act 2009 (the QCAT Act) and the enabling Act under which the reviewable decision was made.[3]
[1] Queensland Civil and Administrative Tribunal Act 2009, Chapter 2, Part 1 Division 3.
[2] QCAT Act, s 20(2).
[3] QCAT Act, s 19(a) and (b).
The purpose of the review is to produce the correct and preferable decision.[4] The tribunal may confirm or amend the decision; set the decision aside and substitute its own decision; or set aside the decision and return the matter for reconsideration to the decision-maker for the decision, with or without directions.[5]
[4] QCAT Act, s 20(2).
[5] QCAT Act, s 24(1).
Under section 29 of the Act, an authorised officer may revoke a licensee’s licence if the authorised officer is satisfied of any of the circumstances listed including that the licensee has been convicted of an offence involving use, carriage, discharge or possession of a weapon;[6] or the licensee is no longer a fit and proper person to hold a licence.[7]
[6] Weapons Act 1990, s 29(1)(b).
[7] Weapons Act 1990, s 29(1)(d).
Section 10B(1) sets out a variety of matters to which an authorised officer must have regard in deciding whether a person is a fit and proper person to hold a licence, including when considering revocation of a licence.
[10] However, under section 10B(2), a person is deemed not to be a fit and proper person to hold a licence if within the 5 year period immediately before the revocation, the person was convicted of certain offences.[8] By virtue of section 10B(2)(a)(iii), the offences include an offence involving the use, carriage, discharge or possession of a weapon.[9] The tribunal has discussed the mandatory nature of section 10B(2) in Pollock v Queensland Police Service Weapons Licensing Branch[10] and in Peebles vQueensland Police Service Weapons Licensing Branch[11].
[8] Weapons Act 1990, ss 10B(2) and 10B(5).
[9] Weapons Act 1990, s 10B(2)(a)(iii).
[10] [2011] QCATA 189.
[11] [2010] QCAT 221.
[11] Mr Turner has provided character evidence; reasons why he considers he needs a licence; his safety as a firearms operator; and what appears to be evidence aimed at addressing other issues which he considered may be raised against him for example, concerning the charges for which no conviction was recorded. Mr Turner relies in his submissions upon the decision of Schrodter vQueensland Police Service Weapons Licensing Branch.[12] However, in that case, no conviction was recorded against Mr Schrodter. Section 10B(2) did not apply.
[12] [2010] QCAT 230.
[12] Mr Turner was been convicted of offences relating to the possession of weapons on 14 March 2011. This is within the five year period before the revocation of the licence. By virtue of the operation of section 10B(2), he is deemed not a fit and proper person to hold a licence.
[13] Whatever his other personal circumstances and submissions, Mr Turner cannot succeed on his application because of the convictions and the mandatory nature of the provisions in section 10B(2).
[14] The decision made by the Queensland Police Service is the correct and preferable decision and I make orders confirming it.
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