Read v Namoa (No 2) [2021] FCA 1565

Read v Namoa (No 2) [2021] FCA 1565

The statutory preconditions for confirmation of the interim control order have been satisfied, namely that the respondent has been convicted in Australia of a terrorism-related offence and that the proposed prohibitions and restrictions are reasonably necessary, appropriate and adapted for protecting the public from a terrorist act or preventing the provision of support for or facilitation of a terrorist act. Accordingly, the interim control order is confirmed without variation.

Parties
Applicant: Nicholas Read; Respondent: Alo-Bridget Namoa
Jurisdiction
Australia
Judgment Date
02 December 2021
Procedural Posture
Application for Confirmation of Interim Control Order / Confirmation Hearing
Outcome
Interim control order confirmed without variation; control order in force until 23 November 2022.
Legal Topics
Control Orders, Terrorism Offences, Interim and Confirmed Control Orders, Federal Court Procedure
Criminal Law Control Orders Terrorism Offences Interim and Confirmed Control Orders Federal Court Procedure

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Parties

Nicholas Read

Applicant

Alo-Bridget Namoa

Respondent

Procedural Posture

Application for Confirmation of Interim Control Order / Confirmation Hearing

Legal Issues

  1. 1 Whether statutory preconditions for confirmation of interim control order under s 104.14(7)(c) of the Criminal Code are met
  2. 2 Whether each obligation, prohibition and restriction imposed is reasonably necessary, appropriate and adapted for the statutory purposes

Ratio Decidendi

The statutory preconditions for confirmation of the interim control order have been satisfied, namely that the respondent has been convicted in Australia of a terrorism-related offence and that the proposed prohibitions and restrictions are reasonably necessary, appropriate and adapted for protecting the public from a terrorist act or preventing the provision of support for or facilitation of a terrorist act. Accordingly, the interim control order is confirmed without variation.

Court Disposition

Interim control order confirmed without variation; control order in force until 23 November 2022.

Orders

  • Pursuant to s 104.14(7)(c) of the Criminal Code the interim control order made in relation to the respondent on 24 November 2021 is confirmed without variation in the terms set out in the Annexure.
  • Confirmed control order is in force until and including 23 November 2022.