Thayli Pty Ltd v Commissioner of Police

[2021] WASCA 46

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Statutory construction
3. › Firearms regulation
4. › Power to impose conditions on approval of shooting range
5. › Whether conditions may regulate safe conduct of range or only construction and maintenance
6. › Firearms Act 1973 (WA), ss 8(1)(m), 20(1)(ac), 21, 34(2)(h)
1. Administrative Law
2. › Statutory construction
3. › Relationship between general and specific powers
4. › Whether general power to impose conditions constrained by unexercised delegated legislative power to make regulations
5. › Anthony Hordern principle
6. › Firearms Act 1973 (WA), ss 20(1), 34(2)(h)
1. Administrative Law
2. › Statutory construction
3. › Source of statutory power
4. › Whether power to approve shooting range inherent in provision referring to approval
5. › Firearms Act 1973 (WA), s 8(1)(m)
1. Appeal
2. › Practice and procedure
3. › Remittal to tribunal
4. › Direction that tribunal be differently constituted
5. › Whether primary judge erred in exercise of discretion
6. › House v The King principles
7. › State Administrative Tribunal Act 2004 (WA), s 105(10)

Quick Take

The Commissioner of Police's power under s 20(1) of the Firearms Act 1973 (WA) to impose reasonable conditions on an approval of a shooting range extends to conditions regulating the safe conduct of the range and is not limited to conditions relating to the physical construction and maintenance of the range. The administrative power to impose conditions is not constrained by the unexercised delegated legislative power under s 34(2)(h) to make regulations about the conduct of shooting ranges.