VIC GUN SHOP ACTION
The Victorian action has involved three hearings at the Firearms Appeals Committee and many, many hours of work for the NSC executive and our barrister.
VicPol previously tried to shut our action down on the basis of how our appeal was filed. They failed. They argued that the Firearms Appeals Committee does not have jurisdiction to hear the appeal. Again, they failed.
VicPol are now calling the reason why the FAC exists into question, in their latest attempt to stop our appeal being heard. Last Wednesday (5th August) the FAC conducted a 3 hour hearing to hear the arguments from both sides. It will consider the submissions and announce its decision in writing by the end of August.
FUTURE OF APPEAL RIGHTS IN VIC RESTS ON THIS CASE
It is vital that dealers in shooters have a right of appeal against decisions that adversely affect them. Where and how these rights might be heard vary among the jurisdictions but in Victoria, the FAC has long been where appeals in that state are heard.
Historically the FAC has dealt with individual licensing matters, with VicPol often reaching some sort of settlement “out of court” like it did recently with Geelong dealer Rod Haugh, that we reported on. However this case is different as it tests the FAC's jurisdiction in a case that affects every dealer and where VicPol clearly have a lot riding on this.
If the FAC rules that it does not have jurisdiction to hear our appeal, then this would, in our view, defeat the reason why the FAC exists, and so the very future of the FAC could hang off this decision. A case like this has never happened before in Victoria, so the outcome is likely to set a legal precedent on the future of the FAC.
Thank you to all our members and supporters on behalf of the NSC executive Committee for your support. We will continue the fight for fair treatment and a better deal and will fight all the way and as hard as we can.
We’ll be back in a couple of weeks time, hopefully with some good news in Victoria. The fight continues.