Commissioner of Police, NSW Police Force v Allen [2016]
NSWCATAP 148
In this edition we look at a decision on the construction of the
word 'necessary', in the context of the Commissioner of
Police's refusal of an application by a sheep grazier to attach
a silencer to his firearm. One of the issues on appeal to the NSW
Civil and Administrative Tribunal Appeals Division was whether the
Tribunal below erroneously concluded that Mr Allen had demonstrated
that it was necessary in the conduct of his business to use or
possess a silencer.
Silencers, and any other devices designed to reduce or muffle
noise, are prohibited weapons. Under s 11(1) of the Weapons
Prohibition Act 1998 (NSW) (the Act), the
Commissioner of Police (the Commissioner) cannot
issue a prohibited weapons permit unless he is "of the opinion
that there is a genuine reason for possessing or using the
weapon". Mr Allen made an application relying on
business/employment as his genuine reason (in broad
