Booth v Khazaal [2020] FCA 1241

Booth v Khazaal [2020] FCA 1241

All statutory preconditions under s 104.4(1) of the Criminal Code Act 1995 (Cth) for making an interim control order are established and each obligation, prohibition, and restriction (as amended) is reasonably necessary, appropriate and adapted for protecting the public, preventing terrorist acts, or hostile activity, subject to proportionate amendments after consideration of evidence and arguments.

Jurisdiction
Australia
Judgment Date
26 August 2020
Procedural Posture
Originating Application for Interim Control Order / Judgment on Application for Interim Control Order
Outcome
Application for interim control order granted, subject to minor amendments.
Legal Topics
['control Orders' 'interim Control Orders' 'proportionality' 'suppression/non Publication Orders']
['criminal Law' 'anti Terrorism'] ['control Orders' 'interim Control Orders' 'proportionality' 'suppression/non Publication Orders']

Case Brief

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Procedural Posture

Originating Application for Interim Control Order / Judgment on Application for Interim Control Order

Legal Issues

  1. 1 ['Whether statutory preconditions for making an interim control order under s 104.4 of the Criminal Code Act 1995 (Cth) are satisfied' 'Whether the proposed obligations, prohibitions and restrictions are reasonably necessary and reasonably appropriate and adapted' 'Whether proposed orders are proportionate' 'Whether non-publication and suppression orders should be made']

Ratio Decidendi

All statutory preconditions under s 104.4(1) of the Criminal Code Act 1995 (Cth) for making an interim control order are established and each obligation, prohibition, and restriction (as amended) is reasonably necessary, appropriate and adapted for protecting the public, preventing terrorist acts, or hostile activity, subject to proportionate amendments after consideration of evidence and arguments.

Court Disposition

Application for interim control order granted, subject to minor amendments.

Orders

  • ['Interim control order made pursuant to s 104.4 Criminal Code Act 1995 (Cth) with terms as set out in Schedule and Annexures' 'Non-publication and suppression orders made pursuant to s 37AF Federal Court of Australia Act 1976 (Cth)' 'Confirmation hearing set for 30 November 2020' 'Case management hearing set for 2...