Booth v Abdirahman-Khalif

ORDERS

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:

1. 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

2. for an order that requires you not to do an act or thing - you disobey the order.

ANNEXURE

1. Control 1

1. You are required to remain at:

1. [REDACTED] in the State of South Australia;

2. 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.

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.

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.

4. You must present and identify yourself at the specified premises during the curfew period upon request by a police officer.

1. Control 2

   1. You are prohibited from being at any of the following areas:

1. Inside, or in the grounds of, any prison or correctional facility, unless you are yourself incarcerated in that prison or correctional facility;

2. At the residence of any person with whom, by reason of Control 6, you are prohibited from communicating or associating; and

3. Any place in Australia outside the State of South Australia.

3. Control 3

   1. You are prohibited from carrying out the following specified activities (including in respect of your work or occupation), namely

1. 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:

1. explosives, explosive devices, initiation systems, firing devices or conducted electrical weapons;

2. firearms, ammunition or knives;

3. anti-surveillance or counter surveillance;

4. execution;

5. beheading;

6. suicide attack;

7. bombing;

8. terrorist attack;

9. Islamic State;

10. 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

11. 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.

2. Control 3.1 does not prohibit you accessing or viewing material:

1. published by a ‘constituent body’ of the...