Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
McCartney v Abdirahman-Khalif (No 2) [2020] FCA 1002 File number: SAD 245 of 2019
Judge: CHARLESWORTH J
Date of judgment: 17 July 2020
Catchwords: POLICE – where interim control order made pursuant to s 104.4 of the Criminal Code Act 1995 (Cth) on application by the Australian Federal Police – application for conformation of control order pursuant to s 104.14 of the Code – whether preconditions for confirmation of the control order are met – whether the obligations, prohibitions and restrictions imposed by the orders are reasonably necessary, and reasonably appropriate and adapted for the purpose of protecting the public from a terrorist act or preventing the provision of support for or the facilitation of a terrorist act – interim control order varied and confirmed
Legislation: Acts Interpretation Act 1901 (Cth) s 33 Australian Federal Police Act 1979 (Cth) Criminal Code Act 1995 (Cth) ss 100.1, 102.3, 104, 104.1, 104.2, 104.4, 104.5, 104.12A, 104.14, 104.27, 104.28A, Div 104 Evidence Act 1995 (Cth) s 191 Summary Offences Regulation 2016 (SA) s 6 Police Act 1998 (SA)
Cases cited: Abdirahman-Khalif v The Queen [2019] SASCFC 133 Electric Light and Power Supply Corporation Ltd v Electricity Commission (NSW) (1956) 94 CLR 554 Jones v Dunkel (1959) 101 CLR 298 McCartney v Abdirahman-Khalif [2019] FCA 2218 Thomas v Mowbray (2007) 233 CLR 307
Date of hearing: 9 and 10 July 2020
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