Commissioner of the Australian Federal Police v Khazaal [2021] FCA 781

Federal Court of Australia

Commissioner of the Australian Federal Police v Khazaal [2021] FCA 781 File number: NSD 550 of 2021

Judgment of: Wigney J

Date of judgment: 29 June 2021

Catchwords: CRIMINAL LAW – application to vary interim control order pursuant to s 104.20 of the Criminal Code (schedule to Criminal Code Act 1995 (Cth)) – where respondent remains in custody for contravention of interim control order – whether obligations, restrictions or prohibitions imposed by interim control order should operate against respondent during incarceration – where respondent was given written notice of application pursuant to s 104.19(2)(a) of the Criminal Code – where circumstances found to be appropriate to suspend obligations, restrictions or prohibitions during period that respondent remains in custody – application granted

Legislation: Criminal Code Act 1995 (Cth), ss 104.14(7)(b), 104.19, 104.19(1)(b), 104.19(2)(a), 104.19(3)(a), 104.20, 104.27

Division: General Division

Registry: New South Wales

Number of paragraphs: 13

National Practice Area: Federal Crime and Related Proceedings

Date of hearing: 29 June 2021

Counsel for the Applicant: Mr T Glover

Solicitor for the Applicant: Australian Government Solicitor

Counsel for the Respondent: The respondent appeared in person

ORDERS NSD 550 of 2021

BETWEEN: COMMISSIONER OF THE AUSTRALIAN FEDERAL POLICE Applicant AND: BELAL KHAZAAL Respondent

order made by: Wigney J DATE OF ORDER: 29 June 2021

THE COURT ORDERS THAT:

1. Pursuant to s 104.20(1)(b) of the Criminal Code, the schedule to the Criminal Code Act 1995 (Cth), the confirmed control order entered in relation to the respondent on 8 October 2020 be varied so as to include in Annexure A to those orders a paragraph in the following terms: 22 Variation of controls while in custody 22.1 Controls 1-21 do not apply during any period in which you are held by or on behalf of an officer in a prison or remand centre of the Commonwealth, a State or a Territory. 22.2 Controls 1-21 resume their application at the conclusion of any period referred to in Control 22.1. 2. Each party bear its own costs of this application. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.