❓ Hon Aaron Stonehouse questions the Minister for Police regarding the rejection of a firearms license application, specifically concerning the interpretation of 'land owner' in the Firearms Act and the consistency of Police Force practices regarding property letters from pastoral leaseholders. The Minister defers answering parts of the question.
AnsweredQoN 1084Legislative Council
QuestionView source ↗
POLICE —
FIREARMS LICENCE APPLICATIONS
1084. Hon AARON STONEHOUSE to the minister representing the
Minister for Police:
I refer the minister to my question
without notice 1064 of 1 November 2018, regarding Mr Aden Kelly's
application to the State Administrative Tribunal, CC 2275/2017, for review of the
police decision to refuse his application to add a rifle to his firearms
licence. I note her reluctance to answer me.
(1) Was Mr Kelly's
application to add a rifle to his firearms licence supported by a property
letter signed by the lessee of the pastoral lease for the station near
Carnarvon known as Ella Valla?
(2) Did the
Commissioner of Police argue before the tribunal that a pastoral lessee was not
an owner of land within the meaning of section 11A(2)(c) of the Firearms Act,
and that therefore a property letter written in support of a firearms licence
application was ineffective in law?
(3) Is it true
that both before and after Mr Kelly submitted his application, the Western Australia
Police Force accepted property letters signed by Thayli Pty Ltd, a lessee of a pastoral
lease, and subsequently approved the applications to which those letters
applied?
(4) Will the
Commissioner of Police continue to argue in applications before SAT that a pastoral
lease holder is not an owner of land within the meaning of section 11A(2)(c) of
the Firearms Act?
FIREARMS LICENCE APPLICATIONS
1084. Hon AARON STONEHOUSE to the minister representing the
Minister for Police:
I refer the minister to my question
without notice 1064 of 1 November 2018, regarding Mr Aden Kelly's
application to the State Administrative Tribunal, CC 2275/2017, for review of the
police decision to refuse his application to add a rifle to his firearms
licence. I note her reluctance to answer me.
(1) Was Mr Kelly's
application to add a rifle to his firearms licence supported by a property
letter signed by the lessee of the pastoral lease for the station near
Carnarvon known as Ella Valla?
(2) Did the
Commissioner of Police argue before the tribunal that a pastoral lessee was not
an owner of land within the meaning of section 11A(2)(c) of the Firearms Act,
and that therefore a property letter written in support of a firearms licence
application was ineffective in law?
(3) Is it true
that both before and after Mr Kelly submitted his application, the Western Australia
Police Force accepted property letters signed by Thayli Pty Ltd, a lessee of a pastoral
lease, and subsequently approved the applications to which those letters
applied?
(4) Will the
Commissioner of Police continue to argue in applications before SAT that a pastoral
lease holder is not an owner of land within the meaning of section 11A(2)(c) of
the Firearms Act?
AnswerView source ↗
I thank the honourable member for
some notice of the question. The following information has been provided to me
by the Minister for Police.
(1) The Western Australia
Police Force advises that it is not possible to provide a response to this
question within the required time period. If the honourable member puts the
question on notice, I will seek further information from the Western Australia
Police Force.
(2) I am unable
to provide an answer to this part of the question under standing order 105, as
the honourable member is seeking an opinion, or a legal interpretation or
opinion.
(3) See answer to (1).
(4) See answer to (2).
some notice of the question. The following information has been provided to me
by the Minister for Police.
(1) The Western Australia
Police Force advises that it is not possible to provide a response to this
question within the required time period. If the honourable member puts the
question on notice, I will seek further information from the Western Australia
Police Force.
(2) I am unable
to provide an answer to this part of the question under standing order 105, as
the honourable member is seeking an opinion, or a legal interpretation or
opinion.
(3) See answer to (1).
(4) See answer to (2).
Explore WA Government Data
Search the full archive in the free dashboard, or query programmatically via API.
Explore more
Government Gazette
Appointments, regulatory notices, planning changes.
Hansard
Debates, questions, speeches and sentiment.
Tabled Papers
Reports and documents tabled in Parliament.
Committees
Committee profiles and recent reports.
Regulations
Subsidiary legislation with filters and summaries.
Bills
Proposed laws and parliamentary progress.
Acts
Current WA legislation and summaries.
Explanatory Memoranda
Bills with EMs (text/PDF) available.
Members
MP profiles, party breakdown and rankings.
Pollie Rankings
Data-driven rankings across 19 categories.
Amendment Chains
Track how schemes and regulations evolve over time.