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Parliamentary Questions


Question Without Notice No. 1064 asked in the Legislative Council on 1 November 2018 by Hon Aaron Stonehouse

Parliament: 40 Session: 1

POLICE — FIREARMS LICENCE APPLICATIONS

1064. Hon AARON STONEHOUSE to the minister representing the Minister for Police:

I refer the minister to 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.

(1) Is the minister aware that Mr Kelly's application was supported by a property letter signed by the lessee of the pastoral lease for the station near Carnarvon known as Ella Valla?

(2) Is the minister further aware that the Commissioner of Police argued 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 therefore a property letter written in support of a firearms licence application was ineffective in law?

(3) Does the minister concede that both before and after Mr Kelly submitted his application, WA police accepted property letters signed by Thayli Pty Ltd and never once raised the question of whether a pastoral lessee was not an ''owner'' of land within the meaning of section 11A(2)(c) of the Firearms Act?

(4) Can the minister explain why Mr Kelly and the Ella Valla Station lessee were singled out in this manner?

Hon STEPHEN DAWSON replied:

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)–(2) No.

(3)–(4) I am unable to provide an answer to the questions under standing order 105 as the honourable member is seeking an opinion or a legal interpretation or opinion.