Read v Namoa [2021] FCA 1486

Read v Namoa [2021] FCA 1486

The Court made the interim control order because Superintendent Read was a senior AFP member who had made a request supported by material satisfying s 104.3, the Court was satisfied on the balance of probabilities that Ms Namoa had been convicted in Australia of an offence relating to terrorism and a terrorist act, and the proposed obligations, prohibitions and restrictions were reasonably necessary and reasonably appropriate and adapted to protect the public from a terrorist act or prevent the provision of support for or facilitation of such an act, while being a reduced intrusion on Ms Namoa's liberty compared with the first interim control order.

Jurisdiction
Australia
Judgment Date
24 November 2021
Procedural Posture
Application for an Interim Control Order Pursuant to S 104.4 of the Criminal Code (cth) / Urgent Application for Interim Control Order Before Confirmation Hearing
Outcome
Interim control order made in relation to Alo-Bridget Namoa.
Legal Topics
['control Orders' 'interim Control Order' 'terrorism Offences' 'protection of the Public From a Terrorist Act' 'preventing Support for or Facilitation of a Terrorist Act' 'proportionality of Obligations, Prohibitions and Restrictions']
['criminal Law' 'federal Crime and Related Proceedings' 'counter Terrorism'] ['control Orders' 'interim Control Order' 'terrorism Offences' 'protection of the Public From a Terrorist Act' 'preventing Support for or Facilitation of a Terrorist Act' 'proportionality of Obligations, Prohibitions and Restrictions']

Case Brief

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Procedural Posture

Application for an Interim Control Order Pursuant to S 104.4 of the Criminal Code (cth) / Urgent Application for Interim Control Order Before Confirmation Hearing

Legal Issues

  1. 1 ['Whether the applicant, as a senior AFP member, requested the interim control order in accordance with s 104.3 of the Criminal Code (Cth).' 'Whether the Court was satisfied on the balance of probabilities that the respondent had been convicted in Australia of an offence relating to terrorism or a terrorist act.' 'Whether each obligation, prohibition and restriction in the proposed interim control order was reasonably necessary, and reasonably appropriate and adapted, for protecting the public from a terrorist act or preventing support for or facilitation of a terrorist act.']

Ratio Decidendi

The Court made the interim control order because Superintendent Read was a senior AFP member who had made a request supported by material satisfying s 104.3, the Court was satisfied on the balance of probabilities that Ms Namoa had been convicted in Australia of an offence relating to terrorism and a terrorist act, and the proposed obligations, prohibitions and restrictions were reasonably necessary and reasonably appropriate and adapted to protect the public from a terrorist act or prevent the provision of support for or facilitation of such an act, while being a reduced intrusion on Ms Namoa's liberty compared with the first interim control order.

Court Disposition

Interim control order made in relation to Alo-Bridget Namoa.

Orders

  • ['The Court makes an interim control order pursuant to s 104.4 of the Criminal Code (Cth) in relation to Alo-Bridget Namoa in the terms set out in the Schedule to the orders.']