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Clarke v Queensland Police Service – Weapons Licensing [2022] QCAT 415

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Date: 20 December 2022
Tribunal: Queensland Civil and Administrative Tribunal
Member: Member Lumb
Human Rights Act 2019 (Qld) Sections: ss 13, 24.
Rights Considered: Property rights.
Other Legislation: Explosives Regulation 2017 (QLD) s 99; Queensland Civil and Administrative Tribunal Act 2009 (QLD) ss 9, 20, 24; Weapons Act 1990 (QLD) ss 3, 4, 10B, 29, 50, 60, 142; Weapons Regulation 2016 (QLD) s 94.
Keywords: Public Law Considerations: Licensing.

This matter concerned an application for review of a decision by the Queensland Police Service to revoke the applicant’s weapons license. The Tribunal upheld the decision on the grounds that the applicant was no longer a fit and proper person to hold such a license. Although not expressly argued by the parties, the Tribunal stated it was necessary to consider how the decision to revoke the license would interfere with the applicant’s property rights under section 24 of the Human Rights Act 2019 (QLD). The Tribunal found that the applicant’s property rights were justifiably limited with respect to owning weapons in the circumstances, and pursuant to section 13 of the Human Rights Act 2019 (QLD).

Visit the Judgment: Clarke v Queensland Police Service – Weapons Licensing [2022] QCAT 415