McDonald v Dakkak (No 2) [2022] FCA 1578

McDonald v Dakkak (No 2) [2022] FCA 1578

The statutory preconditions for confirmation were satisfied: an interim control order had been made, a valid election to confirm had been served, and the required documents and information had been served and explained. Mr Dakkak had been convicted in Australia of associating with a terrorist organisation, an offence relating to terrorism or a terrorist act. On the evidence, including Ms McDonald's explanation for the controls and the material concerning Control 6, each obligation, prohibition and restriction, including Control 6 as varied, was reasonably necessary and reasonably appropriate and adapted for protecting the public from a terrorist act and preventing support for or...

Jurisdiction
Australia
Judgment Date
09 December 2022
Procedural Posture
Application for Confirmation of an Interim Control Order Under S 104.14 of the Criminal Code / Confirmation Hearing After Interim Control Order Made on 9 September 2022
Outcome
Interim control order confirmed and varied; confirmed control order in force until and including 13 September 2023.
Legal Topics
['interim Control Orders' 'confirmation of Control Orders' 'terrorism Offences' 'association With a Terrorist Organisation' 'reasonably Necessary and Reasonably Appropriate and Adapted Controls']
['criminal Law' 'counter Terrorism' 'federal Crime and Related Proceedings'] ['interim Control Orders' 'confirmation of Control Orders' 'terrorism Offences' 'association With a Terrorist Organisation' 'reasonably Necessary and Reasonably Appropriate and Adapted Controls']

Case Brief

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Procedural Posture

Application for Confirmation of an Interim Control Order Under S 104.14 of the Criminal Code / Confirmation Hearing After Interim Control Order Made on 9 September 2022

Legal Issues

  1. 1 ['Whether the conditions for s 104.14 of the Criminal Code to apply were satisfied, including that an interim control order had been made, an election to confirm had been made, and service and notification requirements had been complied with.' 'Whether the Court was satisfied on the balance of probabilities as mentioned in s 104.4(1)(c) of the Criminal Code that Mr Dakkak had been convicted in Australia of an offence relating to terrorism or a terrorist act.' 'Whether each obligation, prohibition and restriction imposed by the control order, including Control 6 as varied, was reasonably necessary and reasonably appropriate and adapted for the purposes in s 104.4(1)(d) of the Criminal Code.' "Whether Control 6 should be varied to address the respondent's concerns about breadth, religious practice and inadvertent contravention."]

Ratio Decidendi

The statutory preconditions for confirmation were satisfied: an interim control order had been made, a valid election to confirm had been served, and the required documents and information had been served and explained. Mr Dakkak had been convicted in Australia of associating with a terrorist organisation, an offence relating to terrorism or a terrorist act. On the evidence, including Ms McDonald's explanation for the controls and the material concerning Control 6, each obligation, prohibition and restriction, including Control 6 as varied, was reasonably necessary and reasonably appropriate and adapted for protecting the public from a terrorist act and preventing support for or...

Court Disposition

Interim control order confirmed and varied; confirmed control order in force until and including 13 September 2023.

Orders

  • ['Pursuant to s 104.14(7)(b) of the Criminal Code (scheduled to the Criminal Code Act 1995 (Cth)), the interim control order made in relation to the respondent on 13 September 2022 be confirmed and varied in the terms set out in the Annexure to these Orders.' 'This confirmed control order be in force until and...