BIL v Queensland Police Service - Weapons Licensing [2022] QCAT 150

Date: 26 April 2022
Tribunal: Queensland Civil and Administrative Tribunal
Tribunal Member: Member Deane
Human Rights Act 2019 (Qld) Sections: ss 8, 9, 13, 23, 24, 25, 27, 31, 34, 48, 58
Rights Considered: Taking part in public life; Property rights; Right to privacy and reputation; Cultural rights; Right to a fair hearing; Right not to be tried or punished more than once
Other Legislation: Queensland Civil and Administrative Tribunal Act 2009 (Qld) ss 20, 24, 33, 66; Weapons Act 1990 (Qld) ss 3, 4, 10, 10B, 11, 18, 24, 142
Keywords: Political Freedoms

BIL applied to renew his weapons licence, stating that he had an occupational requirement as a primary producer on rural property (acknowledged as a genuine reason for a weapons licence in s 11 of the Weapons Act 1990 (Qld)). The renewal application was refused so BIL applied to the Tribunal to review the decision. The decision to refuse the application on the basis of it not being in the public interest was confirmed. In confirming the decision, Member Deane acknowledged that the Tribunal was acting as a public entity in an administrative capacity, bound to interpret statutory provisions in a way compatible with human rights to the extent possible in keeping with the statute’s purpose. The Tribunal accepted that the decision potentially impacted BIL’s rights but was satisfied that the limitations on those rights were reasonable and justifiable.

Visit the judgment: BIL v Queensland Police Service - Weapons Licensing [2022] QCAT 150