McCartney v EB [2019] FCA 183

McCartney v EB [2019] FCA 183

The Court made the interim control order because the statutory preconditions in s 104.4(1) of the Criminal Code Act 1995 (Cth) were satisfied. Mr McCartney was a senior AFP member who had properly requested the order; no further information was required; EB's offending conduct under s 119.4(5) provided support for or otherwise facilitated engagement in hostile activity in a foreign country, and his conviction was also an offence relating to terrorism; and each proposed obligation, prohibition and restriction was reasonably necessary and reasonably appropriate and adapted to prevent support for or facilitation of a terrorist act or hostile activity in a foreign country.

Jurisdiction
Australia
Judgment Date
30 January 2019
Procedural Posture
Application for Interim Control Order Pursuant to S 104.4 of the Criminal Code Act 1995 (cth) / Interim Control Order Application
Outcome
Application granted; interim control order made.
Legal Topics
['control Orders' 'terrorism Offences' 'foreign Hostile Activity' 'non Publication Orders' 'reasonably Necessary, And Reasonably Appropriate and Adapted Restrictions']
['criminal Law' 'federal Crime and Related Proceedings'] ['control Orders' 'terrorism Offences' 'foreign Hostile Activity' 'non Publication Orders' 'reasonably Necessary, and Reasonably Appropriate and Adapted Restrictions']

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Procedural Posture

Application for Interim Control Order Pursuant to S 104.4 of the Criminal Code Act 1995 (cth) / Interim Control Order Application

Legal Issues

  1. 1 ['Whether the statutory preconditions for making an interim control order under s 104.4 of the Criminal Code Act 1995 (Cth) were satisfied.' 'Whether EB had been convicted in Australia of an offence relating to terrorism, a terrorist organisation or a terrorist act for the purposes of s 104.4(1)(c)(iv) of the Criminal Code Act 1995 (Cth).' 'Whether EB had provided support for or otherwise facilitated the engagement in a hostile activity in a foreign country for the purposes of s 104.4(1)(c)(vii) of the Criminal Code Act 1995 (Cth).' 'Whether each proposed obligation, prohibition and restriction was reasonably necessary, and reasonably appropriate and adapted, for the purposes in s 104.4(1)(d)(ii) and (iii) of the Criminal Code Act 1995 (Cth).']

Ratio Decidendi

The Court made the interim control order because the statutory preconditions in s 104.4(1) of the Criminal Code Act 1995 (Cth) were satisfied. Mr McCartney was a senior AFP member who had properly requested the order; no further information was required; EB's offending conduct under s 119.4(5) provided support for or otherwise facilitated engagement in hostile activity in a foreign country, and his conviction was also an offence relating to terrorism; and each proposed obligation, prohibition and restriction was reasonably necessary and reasonably appropriate and adapted to prevent support for or facilitation of a terrorist act or hostile activity in a foreign country.

Court Disposition

Application granted; interim control order made.

Orders

  • ['The Court makes an interim control order pursuant to s 104.4 of the Criminal Code Act 1995 (Cth) in the terms set out in the Schedule to these orders.' 'List the proceeding for hearing on 8 February 2019 at 10:15am.' "There is to be no publication of the form of these orders that includes any information that...