Federal Court of Australia
Booth v Abdirahman-Khalif [2021] FCA 1651
ORDERS
SAD 50 of 2021 | ||
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BETWEEN: |
SANDRA BOOTH Applicant |
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AND: |
ZAINAB ABDIRAHMAN-KHALIF Respondent |
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order made by: |
BESANKO J |
DATE OF ORDER: |
22 DECEMBER 2021 |
THE COURT ORDERS THAT:
Control Order
1. Pursuant to s 104.14(7)(c) of the Criminal Code, being the Schedule to the Criminal Code Act 1995 (Cth), the interim control order made in relation to the respondent on 4 May 2021 is confirmed. The terms of the confirmed control order are set out in the Annexure to these Orders.
2. The confirmed control order relates to the respondent, Zainab Abdirahman-Khalif.
3. The Court is satisfied on the balance of probabilities that the respondent has been convicted in Australia of an offence relating to terrorism (s 104.4(1)(c)(iv) of the Criminal Code).
4. The Court is satisfied on the balance of probabilities that each of the obligations, prohibitions and restrictions to be imposed on the respondent by the confirmed control order is reasonably necessary, and reasonably appropriate and adapted, for the purpose of:
4.1 protecting the public from a terrorist act (s 104.4(1)(d)(i) of the Criminal Code); and
4.2. preventing the provision of support for or the facilitation of a terrorist act (s 104.4(1)(d)(ii) of the Criminal Code).
5. The confirmed control order is in force until and including 4 May 2022.
6. The respondent’s lawyer may attend the Adelaide office of the Australian Federal Police at 55 Currie Street, Adelaide SA between 9 am to 4 pm, Monday to Friday, to obtain a copy of these Orders.
Endorsement pursuant to Rule 41.06
To: Zainab Abdirahman-Khalif
You will be liable to imprisonment, sequestration of property or punishment for contempt if:
(a) for an order that requires you to do an act or thing – you neglect or refuse to do the act or thing within the time specified in the order; or
(b) for an order that requires you not to do an act or thing - you disobey the order.
ANNEXURE
1. Control 1
1.1. You are required to remain at:
a. [REDACTED] in the State of South Australia;
b. or other such premises nominated by you within 24 hours from the time this Interim Control Order comes into force (the specified premises)
between the hours of 12:00 am and 4:30 am local time (the curfew period) each day from the day on which this Confirmed Control Order comes into force until the day that it ceases to be in force.
1.2. If you decide to permanently leave the specified premises you are required to notify the AFP Superintendent of your new address or the address you will be staying at in writing three (3) business days prior to departing the specified premises.
1.3. If you wish to reside temporarily at other premises, you may request an exemption from residing at the specified premises for specified periods from the AFP Superintendent.
1.4. You must present and identify yourself at the specified premises during the curfew period upon request by a police officer.
2. Control 2
2.1. You are prohibited from being at any of the following areas:
a. Inside, or in the grounds of, any prison or correctional facility, unless you are yourself incarcerated in that prison or correctional facility;
b. At the residence of any person with whom, by reason of Control 6, you are prohibited from communicating or associating; and
c. Any place in Australia outside the State of South Australia.
3. Control 3
3.1. You are prohibited from carrying out the following specified activities (including in respect of your work or occupation), namely
a. Accessing or viewing documents (including documents in electronic form) or electronic media, or attempting to access or view documents (including documents in electronic form) or electronic media, which relate to any of the following:
i. explosives, explosive devices, initiation systems, firing devices or conducted electrical weapons;
ii. firearms, ammunition or knives;
iii. anti-surveillance or counter surveillance;
iv. execution;
v. beheading;
vi. suicide attack;
vii. bombing;
viii. terrorist attack;
ix. Islamic State;
x. propaganda and promotional material for a terrorist organisation within the meaning of s 102.1(1) of the Schedule to the Criminal Code Act 1995 (Cth); and
xi. activities of, or associated with, a terrorist organisation within the meaning of s 102.1(1) of the Schedule to the Criminal Code Act 1995 (Cth),
other than material set out in Control 3.2.
3.2. Control 3.1 does not prohibit you accessing or viewing material:
i. published by a ‘constituent body’ of the Australian Press Council;
ii. broadcast on Australian free to air television;
iii. broadcast on Australian pay television;
iv. shown in a commercial movie cinema;
v. broadcast on a free to air or paid streaming service; or
vi. served on you or your legal representatives by or on behalf of a senior AFP member in the Federal Court proceeding Booth v Abdirahman-Khalif (SAD 50 of 2021) (the Proceeding), including any appeal from such Proceeding, and is accessed, possessed, and stored solely for the purposes of the Proceeding, including any appeal from such Proceeding.
4. Control 4
4.1. You are prohibited from carrying out the following specified activities (including in respect of your work or occupation), namely:
a. Possessing, storing, recording or copying documents (including documents in electronic form) or electronic media, or attempting to possess or store documents (including documents in electronic form) or electronic media, or directing any person to possess, store, record or copy documents on your behalf, which relate to any of the following:
i. explosives, explosive devices, initiation systems, firing devices or conducted electrical weapons;
ii. firearms, ammunition or knives;
iii. anti-surveillance or counter surveillance;
iv. execution;
v. beheading;
vi. suicide attack;
vii. bombing;
viii. terrorist attack;
ix. Islamic State;
x. propaganda and promotional material for a ‘terrorist organisation’ within the meaning of s 102.1(1) of the Schedule to the Criminal Code Act 1995 (Cth); and
xi. activities of, or associated with, a ‘terrorist organisation’ within the meaning of s 102.1(1) of the Schedule to the Criminal Code Act 1995 (Cth).
b. Collating, editing, producing or distributing documents (including documents in electronic form) or electronic media, or directing any person to collate, edit, produce or distribute documents (including documents in electronic form) or electronic media, relating to:
i. explosives, explosive devices, initiation systems or firing devices;
ii. firearms, ammunition or knives;
iii. anti-surveillance or counter surveillance;
iv. execution;
v. beheading;
vi. suicide attack;
vii. bombing;
viii. terrorist attack;
ix. Islamic State;
x. propaganda and promotional material for a ‘terrorist organisation’ within the meaning of s 102.1(1) of the Schedule to the Criminal Code Act 1995 (Cth); and
xi. activities of, or associated with, a ‘terrorist organisation’ within the meaning of s 102.1(1) of the Schedule to the Criminal Code Act 1995 (Cth).
5. Control 5
5.1. You are prohibited from possessing or using any of these specified articles or substances, namely:
a. Firearms or ammunition within the meaning of s 4 of the Firearms Act 2015 (SA);
b. A ‘prohibited weapon’ within the meaning of s 6 of the Summary Offences Regulation 2016 (SA);
c. Any quantity of petrol exceeding four (4) litres, except petrol contained in the petrol tank of a vehicle;
d. Any quantity of any chemical which is not consistent with reasonable domestic use;
e. An article or device, not being a firearm, capable of discharging by any means any irritant matter in liquid, powder, gas, chemical form, dense smoke or substance, which is intended by the person having possession of the article or device to injure or menace a person;
f. A detonator;
g. A fuse capable of use with an explosive or a detonator;
h. A knife, in a public place, without reasonable excuse; and
i. Anything intended, by the person having custody of the thing, to be used to injure or menace a person or damage property.
6. Control 6
6.1. You are prohibited from knowingly (i) communicating or voluntarily associating with, or (ii) attempting to communicate or associate with, directly or indirectly through a third party:
a. Any person incarcerated in any correctional facility, unless you are yourself incarcerated in that correctional facility;
b. Any person on parole, on bail, or in the community who is subject to a control order made under Division 104 of the Criminal Code Act 1995 (Cth);
c. Any person convicted of, or currently charged with, an offence relating to terrorism in Australia within the meaning of section 3(1) of the Crimes Act 1914 (Cth);
d. Any person convicted of, or currently charged with, an offence under the Crimes (Foreign Incursions and Recruitment) Act 1978 (Cth);
e. Any person located in Turkey, Iraq or Syria; and
f. Any of the following specified individuals:
1. Daniel John CLAVELL (Date of birth: 07/07/1987);
2. Nathan John CLAVELL (Date of birth: 27/04/1998);
3. Samia HUSSAIN (Date of birth: 12/02/1998);
4. Joel Edward James CLAVELL (Date of birth: 20/02/2000); and
5. Joshua John CLAVELL (Date of birth: 25/01/1989).
7. Control 7
7.1. You are prohibited from accessing or using, any mobile telephone device and SIM card other than a single mobile telephone device and SIM card provided by the AFP (the permitted mobile phone).
7.2. Prior to using the permitted mobile phone, the AFP Superintendent will provide you with the following information in writing:
a. The International Mobile Equipment Identity number for the permitted mobile phone;
b. The Integrated Circuit Card Identifier for the SIM card you will use with the permitted mobile phone;
c. The telecommunication service provider which you will use with the permitted mobile phone;
d. The password for the permitted mobile phone; and
e. The phone number to which the permitted mobile phone will be connected.
7.3. You are prohibited from tampering with, damaging or destroying any component of the permitted mobile phone or any...
