Wallin v Commissioner of Police (No 2)

Graham Wallin sought judicial review of a decision by the Commissioner of Police to revoke his Category ABH Firearms Licence. The case was heard in the Federal Court of Australia. Wallin argued that the decision to revoke his licence was unreasonable and that the conditions imposed were excessive. The Commissioner contended that the revocation was necessary due to a history of non-compliance with firearm storage regulations and concerns about the security of firearms at Wallin's residence.

The court was required to determine whether the decision to revoke Wallin's licence was legally sound and whether the proposed alternative conditions were appropriate. The court examined the legislative framework governing firearm licences, the history of Wallin's compliance with firearm regulations, and the evidence presented by both parties regarding the security and storage of firearms.

In assessing the decision, the court found that the Commissioner had not provided adequate reasons for the revocation and that the proposed conditions were not unreasonable. The court held that the decision to revoke Wallin's licence was not justified and set it aside. Instead, the court imposed specific conditions on Wallin's licence, including restrictions on firearm storage at his residence, a requirement to store firearms at an approved location, and a notification requirement for storing firearms elsewhere.

The court's final orders included setting aside the decision to revoke Wallin's licence and imposing the detailed conditions on his licence as outlined in the judgment. The conditions required Wallin to store his firearms at an approved location, notify the Firearms Registry of any changes in storage location, and adhere to specific restrictions on firearm possession and storage.