Attorney-General (Cth) v Amin (Preliminary)

Case •

[2023] NSWSC 1280

•

31 October 2023

Supreme Court


New South Wales

Medium Neutral Citation: Attorney-General (Cth) v Amin (Preliminary) [2023] NSWSC 1280
Hearing dates: 13 October 2023
Date of orders: 13 October 2023
Decision date: 31 October 2023
Jurisdiction:Common Law
Before: Weinstein J
Decision:

See [41]

Catchwords:

HIGH RISK OFFENDERS – application for extended supervision order – preliminary hearing for interim relief – terrorism related offences – orders by consent – interim supervision order made

Legislation Cited:

Criminal Code Act 1995 (Cth)

Customs Act 1901 (Cth)

Cases Cited:

Attorney General (Cth) v Pender [2022] NSWSC 1773

Attorney-General (Cth) v Amin [2023] NSWSC 1210

Attorney-General v Khan [2022] VSC 507

Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57

New South Wales v Naaman (No 2) (2018) 276 A Crim R 30; [2018] NSWCA 328

R v Amin [2021] NSWSC 1267

Category:Principal judgment
Parties: Attorney-General of the Commonwealth of Australia (Plaintiff)
Nowroz Amin (Defendant)
Representation:

Counsel:
C Lenehan SC, K Pham, T Liu (Plaintiff)
R Wilson SC and S Talbert (Defendant)

Solicitors:
Australian Government Solicitor (Plaintiff)
Legal Aid NSW (Defendant)
File Number(s): 2023/319785
Publication restriction: See orders

JUDGMENT

  1. By Summons filed on 9 October 2023, the plaintiff Attorney-General of the Commonwealth of Australia seeks orders pursuant to s 105A.7A(1) of the Criminal Code Act 1995 (Cth) (the Criminal Code) that the defendant, Nowroz Amin, be subject to an Extended Supervision Order (ESO) for 12 months under the conditions set out in the Schedule to the Summons.

  2. By way of interim relief, the Attorney-General seeks an order pursuant to s 105A.9A of the Criminal Code that Mr Amin be subject to an Interim Supervision Order (ISO) for a period of 28 days, imposing the same conditions as set out in the Schedule. Orders were also sought, unopposed, for the suppression of certain material.

  3. On 13 October 2023, on an urgent basis, I conducted a preliminary hearing to determine whether an ISO should be made, pursuant to s 105A.9A(2) of the Criminal Code. By the time of the hearing, the parties had reached consensus on all matters, and I made all interim orders sought by the plaintiff, without admission and without prejudice to the defendant’s opposition to the making of an ESO. I am grateful to Mr Lenehan SC who appeared on behalf of the Attorney-General, and Mr Wilson SC who appeared for Mr Amin for the manner in which they conducted these proceedings, given the short timeframe in which the matter was prepared.

Background

  1. On 15 April 2021, the defendant pleaded guilty to committing acts in preparation for, or planning, terrorist acts contrary to s 101.6(1) of the Criminal Code (the preparation offence) and an attempt to import Tier 1 goods, comprising material which advocated the doing of a terrorist act, being reckless as to whether the goods were Tier 1 goods and without approval, contrary to s 233BAA(5) of the Customs Act 1901 (Cth) and s 11.1(1) of the Criminal Code. On 11 October 2021, the defendant was sentenced by Garling J for these offences to a term of imprisonment of 5 years and 4 months, which was backdated to 16 June 2018: see R v Amin [2021] NSWSC 1267. Mr Amin was scheduled for release on 15 October 2023.

  2. The Attorney-General provided a lengthy Statement of Facts concerning the index offending. In summary, the acts which constituted the preparation offence included that between 26 May 2015 and 7 February 2016, the defendant:

  1. communicated with two residents of Bangladesh about his plans to travel to Bangladesh, in which he discussed his extremist ideology and resourced materials such as the “Anarchists Cookbook” and “Islamic State 2015”;

  2. sought instructions and guidance on how to make explosive devices for the purpose of carrying out a terrorist attack in Australia, Bangladesh or both;

  3. accessed a file on one of his devices which was titled “how to make a cocktail bomb”;

  4. communicated about a plan for others to carry out a terrorist attack in Bangladesh, and the equipment, money and training that these persons would require;

  5. transferred money to his wife who lived in Bangladesh;

  6. attempted to travel to Bangladesh on 7 February 2016; and

  7. accessed electronic material which broadly supported or provided instructions about the doing of a terrorist act and generally advocated violence.

  1. When the defendant was intercepted attempting to travel to Bangladesh on 7 February 2016, he was found with multiple electronic storage devices containing at least 25 publications and other material which broadly supported or provided instructions on how to carry out a terrorist act, or generally advocated violence. He also had camouflage pants and combat boots. He was not permitted to travel.

  2. On 22 February 2016, Mr Amin’s Australian passport was cancelled.

  3. Following his attempt to travel to Bangladesh, the defendant continued to have contact with extremists and access extremist material. He used encrypted messaging apps to share material containing extremist ideology and instructions on how to make explosive devices.

  4. A search warrant of Mr Amin’s home was executed on 8 February 2016. Police found items which included two mobile phones, a computer and external hard drive, a camouflage army issued backpack, a rifle bullet and binoculars. A further search warrant was executed at Mr Amin’s home on 16 June 2018. More electronic devices were seized, as were various handwritten documents by Mr Amin which contained notes pertaining to extremist Islamic religious justifications.

  5. Mr Amin was arrested and taken into custody on 16 June 2018. He continued to communicate with various people both in and outside of custody who had convictions for terrorism-related or other violent offences, or had known links to terrorist organisations. He was twice refused parole, on 14 June 2022 and 12 June 2023.

  6. It was not until 9 October 2023 that the plaintiff filed the Summons seeking an ESO, six days before Mr Amin was scheduled to be released at the expiry of his sentence. An application to abridge time for service of the Summons was heard by Cavanagh J as Duty Judge on 9 October 2023. His Honour allowed the Summons to be filed, but was sceptical about the reasons for the lateness of the application: see Attorney-General (Cth) v Amin [2023] NSWSC 1210. By the time of the preliminary hearing before me, no full and satisfactory explanation for the delay in bringing the application had been provided to the court. I therefore ordered that the plaintiff file an affidavit setting out a full and satisfactory explanation by close of business on 17 October 2023.

Exhibits

  1. Before me were six exhibits as follows:-

  1. the plaintiff’s Court Book, which included the affidavits that were read in the proceedings (exhibit 1); and

  2. five volumes comprising the plaintiff’s tender bundle (exhibits 2 – 6).

  1. I have had regard to the contents of all of the exhibits.

Legislative framework

  1. Division 105A of the Criminal Code establishes the regime for the making of post-sentence orders such as an ESO. The object of this Division is to protect the community from serious Part 5.3 offences by providing that terrorist offenders who pose an unacceptable risk of committing such offences are subject to a continuing detention order or an ESO: see s 105A.1.

  2. The AFP Minister (who is the plaintiff) may apply for an ISO if an application for an ESO has been made, and the court must hold a hearing to determine whether to make the ISO: ss 105A.9A(1)-(2). The court may make an ISO if the relevant requirements of s 105A.9A(4) are satisfied. They are as follows:

(a) either:

(i) an application is made in accordance with subsection (1) for an interim supervision order in relation to a terrorist offender; or

…

(b) the Court is satisfied that any of the following relating to the offender will end before the application for the continuing detention order or extended supervision order has been determined:

(i) a sentence of imprisonment referred to in subsection 105A.3A(1) or paragraph 105A.3A(3)(a), (4)(a), (5)(d) or (7)(a);

…

(c) the Court is satisfied that there are reasonable grounds for considering that an extended supervision order will be made in relation to the offender; and

(d) the Court is satisfied that there are reasonable grounds for considering that each of the conditions to be imposed on the offender by the order under this subsection is reasonably necessary, and reasonably appropriate and adapted, for the purpose of protecting the community from the unacceptable risk of the terrorist offender committing a serious Part 5.3 offence.

Consideration of the s 105A.9A(4) requirements

s 105A.9A(4)(a)(i) – an application for an ISO is made

  1. There is no dispute that a proper application has been made in accordance with s 105A.9A(1). Cavanagh J abridged the time for service of the Summons so that this application could be heard. Mr Amin is a “terrorist offender” within the meaning of ss 105A.2 and 105A.3(1) because he was convicted of a serious Part 5.3 offence (being an offence under s 101.6(1) of the Criminal Code), and he was detained in custody and was serving a sentence of imprisonment for that offence (s 105A.3(1)) and he will be over 18 years of age when the sentence expires: ss 105A.3(1)(a)-(c).

s 105A.9A(4)(b) – sentence of imprisonment will end before the application for an ESO is determined

  1. As Mr Amin’s sentence expired on 15 October 2023. It is not in dispute that this element is satisfied.

s 105A.9A(4)(c) – reasonable grounds for considering that an ESO will be made

  1. In Attorney-General v Khan [2022] VSC 507, John Dixon J considered the construction of s 105A.9A(4)(c)-(d) at [18] – [21]:

“The first requirement is the court must be ‘satisfied’. This requires that the applicant affirmatively persuade the court of the existence of reasonable grounds. The court is acting judicially, not administratively. A discretion is not being exercised. Rather, a state of affairs must exist, or preconditions be satisfied, to enliven the statutory jurisdiction to make an ESO. The court will be persuaded if it is more probable than not that the necessary state of affairs exists.

‘Reasonable grounds’ requires that the applicant prove sufficient facts to permit the court, on objective assessment, to ‘consider’ that something will happen. The court must be satisfied that there are reasonable grounds for that state of mind. The test is wholly objective. The court must evaluate the evidence to determine whether the known facts, circumstances and considerations that may bear rationally on the issue in question permit the court to be of that state of mind.

What then is the state of mind of ‘considering’? To consider is to think carefully about something, usually before making a decision. It connotes the notion of taking something into account, usually referring to particular facts or circumstances relevant to the decision. Here it is used in the sense of having formed a view that a consequence (a decision) will follow on thinking carefully about the reasonable grounds. This state of mind can be likened to a belief. It is a state of mind that need not be shown to be certain. What the High Court of Australia said in George v Rockett in a related context is apposite. It is ‘an inclination of the mind towards assenting to, rather than rejecting, a proposition.’ That state of mind may involve an element of ‘surmise or conjecture’.

The court does not need to conclude that a decision can now be made effectively determining the application. It is sufficient that the court is satisfied that, on the material before it, if remaining uncontradicted at trial, the court considers that the decision will be made. This is akin to forming a reasonable belief, after due consideration of the material, that the application can succeed.” (footnotes omitted)

  1. As his Honour said, “reasonable grounds for considering” can be likened to a belief that need not be certain, but it is a belief formed after considering the objective material before the court.

  2. As to the requirements for making an ESO, s 105A.7A(1) of the Criminal Code provides:

(1) A Supreme Court of a State or Territory may make a written order under this subsection, in accordance with sections 105A.7B and 105A.7C, if:

(a) any of the following applies:

(i) an application is made in accordance with section 105A.5 for an extended supervision order in relation to a terrorist offender;

(ii) an application is made in accordance with section 105A.5 for a continuing detention order in relation to a terrorist offender, and the Court is not satisfied as mentioned in paragraph 105A.7(1)(b) or (c) (or both);

(iii) the Court has reviewed under section 105A.12 a continuing detention order in relation to a terrorist offender and the Court is not satisfied as mentioned in paragraph 105A.12(4)(a); and

(b) after having regard to matters in accordance with section 105A.6B, the Court is satisfied on the balance of probabilities, on the basis of admissible evidence, that the offender poses an unacceptable risk of committing a serious Part 5.3 offence; and

(c) the Court is satisfied on the balance of probabilities that:

(i) each of the conditions; and

(ii) the combined effect of all of the conditions;

to be imposed on the offender by the order is reasonably necessary, and reasonably appropriate and adapted, for the purpose of protecting the community from that unacceptable risk.

  1. I observe that the requisite application for an ESO has been made in the Summons, satisfying s 105A.7A(1)(a)(i).

  2. As to s 105A.7A(1)(b), the meaning of “unacceptable risk”, although not defined in the Criminal Code, should be given its every day meaning within its context and having regard to the objects of the Act. It is an evaluative test that requires the exercise of discretion: see Attorney General (Cth) v Pender [2022] NSWSC 1773 at [170] per N Adams J citing Beazley P at [58] and Basten JA at [82] in Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57. Whether a risk is unacceptable requires consideration of both the degree of likelihood of the risk eventuating, and the seriousness of the consequences if the risk does eventuate. Even if there is a low probability of the offender committing a terrorist act, the consequences of such an act may make the risk unacceptable: New South Wales v Naaman (No 2) (2018) 276 A Crim R 30; [2018] NSWCA 328 at [29].

  3. It is for the plaintiff to satisfy the court of the matters at ss 105A.7A(1)(b) and (c): see ss 105A.7A(3). As the parties agreed on all conditions to be imposed, the real issue for determination is whether or not, after having regard to the matters in s 105A.6B, the Court on the hearing of the ESO application will be satisfied on the balance of probabilities that the defendant poses an unacceptable risk of committing a serious Part 5.3 offence. I turn now to a consideration of the s 105A.6B matters.

Any report of an assessment received from a relevant expert – 105A.6B(1)(b)

  1. Dr Chelsey Dewson is a forensic psychologist who prepared a report dated 28 August 2023 which addressed the defendant’s risk of committing a serious Part 5.3 offence.

  2. Dr Dewson assessed Mr Amin’s overall risk of engaging in violent extremist behaviour as being “low-moderate”. In her opinion, Mr Amin’s most relevant risk factors are his grievances about the treatment of minorities in Australia and abroad, his emotional responses to those grievances and his contact with known extremists. Dr Dewson reported that in the past, Mr Amin developed a sense of religious obligation in which he legitimised his behaviour and plans to carry out some form of violence. Whilst in custody, Mr Amin has had his views challenged by another inmate. However, Dr Dewson noted that there was no way to objectively measure changes to Mr Amin’s ideology. Whilst Mr Amin has provided consistent accounts of his beliefs since being incarcerated and has not accessed any extremist material, Dr Dewson reported that Mr Amin has not accessed any deradicalisation program tailored to address his risk factors.

  3. As to possible future reoffending, Dr Dewson’s opinion is that the most likely scenario is that Mr Amin joins a terrorist organisation in the context of continued grievances which might escalate to a more serious offence of carrying out an act of violence. She believed that he was vulnerable to influence, and at risk of indoctrination and relapse.

  4. Dr Dewson considered that an ESO would encourage Mr Amin to access community based supports and provide protection to the community via supervision conditions. Dr Dewson supported the imposition of conditions that address Mr Amin’s specific risks-needs profile.

Results of any other assessments of the risk of the offender committing a serious Part 5.3 offence – 105A.6B(1)(c)

Report of Dr Katie Seidler 24 June 2021

  1. Dr Seidler is a clinical and forensic psychologist who prepared a report on the defendant’s risk for the purposes of the sentencing proceedings. Dr Seidler administered the Violent Extremist Risk Assessment – 2R tool. In her opinion, Mr Amin would have been at a “high risk” of engaging in an act of violent extremism at the time of the offending. She reported that the most salient risk factors included close connections with people who held extremist views, exposure to extremist content, and a background of insecure identity and lack of connection with mainstream Australian culture that was superimposed on, and conflated with, a history of marginalisation, racism and disenfranchisement of Muslims in general.

  2. Dr Seidler assessed Mr Amin’s risk as having reduced since his incarceration, to the “moderate-high” range. Dr Seidler considered that this was because Mr Amin reconsidered his personal ideology, and distanced himself from previous contacts and content. However in her view, many of Mr Amin’s risks remained and further risk reduction would be contingent on continued reinforcement of the change in ideology and the bolstering of protective influences surrounding him. I observe that Dr Seidler’s views largely aligned with those of Dr Dewson.

Report of Dr Maggie Cruickshank 20 January 2022

  1. Dr Cruickshank, forensic psychologist, prepared a report for Corrective Services. She reported that Mr Amin presented as having rejected his former beliefs which were supportive of violent extremist ideology. However, in her view, he maintained some beliefs and attitudes which might be amenable to intervention to further reduce risk. Dr Cruickshank provided a range of recommendations that included referring Mr Amin to the PRISM deradicalisation program, developing his personal identity and sense of belonging, increasing his understanding of how his life experience and interaction with peers influenced his decision to offend, continued engagement with appropriate religious mentors, developing prosocial hobbies and interests and support with education and vocational training.

Any report relating to the extent to which the offender can reasonably and practicably be managed in the community – 105A.6B(1)(d)

  1. Corrective Services prepared two pre-release reports in February 2022 and February 2023 which made recommendations with respect to the defendant’s eligibility for release to parole. Both reports recommended that he not be released to parole, primarily because of his refusal to participate in the PRISM program, which is a voluntary case management service for people identified as promoting or being at risk of radicalisation or violent extremism. In the event that Mr Amin were to be released on parole, the reports made recommendations which include community supervision and support to access services specific to his risk factors.

Any treatment or rehabilitation programs which the offender has participated in – 105A.6B(1)(e)

  1. The defendant has participated in some criminogenic programs such as the CONNECT and EQUIPS programs, but he has not participated in any specific deradicalisation programs. He declined on at least four occasions to participate in the PRISM program. He has said that he does not have any current plans to engage in a deradicalisation program in the community, but that he would seek support from his parents and Imams.

The level of the offender’s compliance with obligations whilst on a release to parole or subject to a post-sentence, interim sentence or control order – 105A.6B(1)(f)

  1. Mr Amin has neither been previously released to parole nor been subject to any post-sentence order.

The offender’s prior criminal history – 105A.6B(1)(g)

  1. Apart from the instant offending, the defendant has no criminal history.

Views of the sentencing court – 105A.6B(1)(h)

  1. In his remarks on sentence, Garling J found that the objective seriousness of the offending was below the mid-range because Mr Amin had not engaged in a path of violence in any meaningful way. His Honour found that Mr Amin had a “moderate” risk of reoffending, but that he had reasonable prospects of rehabilitation. He accepted that Mr Amin had renounced his extremist ideology.

Whether the offender is subject to an equivalent post-sentence order in a State or Territory jurisdiction – 105A.6B(1)(ha)

  1. Mr Amin is not subject to any equivalent order in a State or Territory.

Any other information as to the offender’s risk of committing a serious Part 5.3 offence – 105A.6B(1)(i)

Affidavit of Detective Superintendent Nicolson

  1. DS Nicolson swore an affidavit dated 6 October 2023 that was read in the proceedings by the plaintiff. The affidavit addresses factors relevant to the defendant’s risk of committing a serious Part 5.3 offence, including the ability of law enforcement to manage and mitigate his risk. Risks identified include Mr Amin’s online presence, informal training in extremist ideology and weapons creation, his lack of participation in any deradicalisation programs and his continued contact with known extremists after he entered custody.

Affidavit of Erin Kirkwood

  1. Ms Kirkwood’s affidavit affirmed on 5 October 2023 was also read in the proceedings by the plaintiff. Ms Kirkwood is a High Risk Offender Applications and Operative Governance Officer at Community Corrections. She provides reasons and justification for the inclusion of some of the proposed conditions.

  2. Taking all of these matters into consideration, bearing in mind the object of the Division is to protect the community from serious Part 5.3 offences, I am satisfied that there are reasonable grounds for considering that an ESO will be made in relation to the defendant pursuant to s 105A.7A of the Criminal Code.

s 105A.9A(4)(d) – reasonable grounds for the imposition of the conditions which are reasonably necessary and adapted to the offender’s risk

  1. The parties agreed on all conditions to be imposed. I observe that I am independently satisfied that there are reasonable grounds for considering that each of the conditions to be imposed on Mr Amin is reasonably necessary, appropriate and adapted for the purposes of protecting the community from the unacceptable risk of the defendant committing a serious Part 5.3 offence. This also satisfies s 105A.7A(1)(c).

Conclusion and orders

  1. I made the following orders on 13 October 2023:

Pursuant to s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW), s 93.2 of the Criminal Code Act 1995 (Cth) (the Criminal Code), and the Court’s inherent powers, the Court orders that:

  1. Orders 9 to 14 of the orders made by the Court on 9 October 2023 be vacated.

  2. No access to the Court’s file in this proceeding be granted to a non-party without the leave of a Judge of the Court, and without prior notice having been given to the parties so as to allow them the opportunity to be heard in respect of the non-party’s application for access.

  3. On the grounds specified in ss 8(1)(b) and (c) of the Court Suppression and Non-publication Orders Act 2010 (NSW), subject to orders 4 and 6, there be no disclosure, by publication or otherwise, of the following information connected with this proceeding:

  1. paragraphs 26 to 29 of the report of Dr Chelsey Dewson dated 28 August 2023;

  2. document 260 in the Applicant’s tender bundle described as “Confidential Annexure ‘H’ briefed to Dr Dewson’;

  3. the text at dot point 2 of paragraph 8 of the document dated 12 September 2023 and entitled “Intelligence Brief” with the subject “HRTO Exculpatory Summary – Nowroz Amin”

  4. the “Party version” of the affidavit of Michael Keith Noyes dated 11 October 2023;

  5. the “Court-only version” of the affidavit of Michael Keith Noyes dated 11 October 2023.

  1. Order 3 does not prevent the disclosure of the information in Orders 3(a) to 3(d) to and between the following people for the purposes of these proceedings:

  1. A presiding Judge, of these proceedings, whether interlocutory or final;

  2. necessary Court and transcription staff;

  3. the Plaintiff and the Plaintiff’s legal representatives instructed in this proceeding;

  4. the Defendant and the Defendant’s legal representatives instructed in this proceeding;

  5. Commonwealth officers within the meaning of s 121.1 of the Criminal Code, and their legal representatives instructed in this proceeding;

  6. any relevant expert (within the meaning of s 105A.2 of the Criminal Code) engaged by the Plaintiff or the Defendant, or appointed by the Court pursuant to s 105A.6 of the Criminal Code, in this proceeding;

  7. the court or courts hearing any appeal or review (including any review under Division 105A of the Criminal Code) of any order made in this proceeding, and the necessary court and transcription staff of that court or those courts.

  1. The Court shall be closed when there is to be disclosure of information which reveals or tends to reveal the matters referred to in Orders 3(a) to 3(d). The only people permitted to be present when the Court is closed pursuant to Order 5 are those people referred to in Order 4.

  2. Order 3 does not prevent the disclosure of the information in Order 3(e) to and between the following people for the purposes of these proceedings:

  1. A presiding Judge, of these proceedings, whether interlocutory or final;

  2. necessary Court and transcription staff;

  3. the Plaintiff and the Plaintiff’s legal representatives instructed in this proceeding;

  4. Commonwealth officers within the meaning of s 121.1 of the Criminal Code, and their legal representatives instructed in this proceeding.

  1. The Court shall be closed when there is to be disclosure of information which reveals or tends to reveal the information referred to in Order 3(e) The only people permitted to be present when the Court is closed pursuant to Order 7 are those people referred to in Order 6.

  2. These Orders apply throughout the Commonwealth of Australia and until the earlier of 20 years from the date of this order, or further order.

I make the following orders by consent as set out in the Plaintiff’s Short Minute of Orders (Interim Supervision Order):

  1. Pursuant to s 105A.9A(4) of the Criminal Code the defendant is subject to an interim supervision order, on the conditions set out in Annexure A, commencing on 15 October 2023 for a period of 28 days.

  2. The Court is satisfied of the matters mentioned in ss 105A.9A(4)(b)-(d) of the Criminal Code.

  3. The interim supervision order at Annexure A relates to Nowroz Amin, the defendant.

  4. The defendant’s lawyer may request a copy of this order.

  5. I stand the matter over to the High Risk Offender’s List on 19 October 2023.

  6. By close of business on 17 October 2023, the plaintiff is to file an affidavit providing a full and satisfactory explanation for the delay with respect to the late commencement of these proceedings.

  7. Pursuant to s 105A.6(3) of the Criminal Code (Cth) the court appoints Dr Michael R Davis to conduct an assessment of the risk of the defendant committing a serious Part 5.3 offence and provide a report of the assessment to the Court, the plaintiff and the defendant by 22 November 2023.

  8. I note the joint position of the parties is that agreed condition 2.5 is a modified version of condition (h) in s 105A.7B which, by agreement intentionally does not include the second aspect “and comply with that schedule”. Its purpose is solely for case management and to assist the defendant with planning. It does not amount to a breach if the defendant does not adhere to the weekly plan. It may prompt questions that he will then need to answer and his whereabouts at all times will be monitored and recorded by the electronic monitoring.

  9. Liberty to apply.

Annexure A

Schedule of conditions

  1. Condition 1 (nominated residence and curfew)

1.1.   You must live at XXX, Ingleburn NSW or another premises nominated by you and approved by the AFP Superintendent (nominated residence).

1.2.   You must seek approval from the AFP Superintendent in writing at least three days prior to any:

1.2.1.   change to your nominated residence; and

1.2.2.   planned or anticipated temporary absence of 24 hours or more from your nominated residence. You must comply with any reasonable direction given to you in writing by the Community Corrections officer or the AFP Superintendent in relation to Conditions 1.1 and 1.2.

1.3.   You must remain at the nominated residence between midnight and 5:00am (the curfew period) each day, unless other arrangements are approved by the AFP Superintendent.

  1. Condition 2 (case management)

2.1.   You must have discussions with a Community Corrections officer, including for the purpose of providing you with supervision and guidance, at the request of a Community Corrections officer.

2.2.   You must be available for interview at such times and places, including at the nominated residence, as a Community Corrections officer or the AFP Superintendent may from time to time direct.

2.3.   You must agree to any person involved in your care and supervision (excluding health care providers) sharing information about you with each other as it relates to this order. This includes, but is not limited to, a Community Corrections officer and the AFP Superintendent.

2.4.   You must agree to any of the health care providers involved in treating your mental or general health sharing information about you with:

2.4.1.   each other as it relates to this order; and

2.4.2.   Community Corrections officer or the AFP Superintendent, if the relevant healthcare provider forms the view that sharing such information is necessary to ensure effective management of your risk factors.

2.5.   You must provide and seek approval of a weekly plan (called a Schedule of Movements) which is to be provided to a Community Corrections officer three days before it is due to start, or at such time as requested by a Community Corrections officer.

2.6.   You must comply with any reasonable direction (as defined in Interpretation below) given to you by the Community Corrections officer in relation to Conditions 2.1, 2.2, 2.3, 2.4 and/or 2.5 above, including a direction that you not attend a particular location but not including a direction to comply with a Schedule of Movements.

  1. Condition 3 (disengagement)

3.1.   You must attend any disengagement, support and/or rehabilitation programs, as directed by the Community Corrections officer.

3.2.   You must comply with any reasonable direction (as defined in Interpretation below) given to you by the Community Corrections officer in relation to Condition 3.1.

  1. Condition 4 (information sharing requirements)

4.1.   You must truthfully provide any information in relation to your whereabouts (including any deviations from your Schedule of Movements), activities or associations, and any information relating to Condition 2.5 (Schedule of Movements), Conditions 5 (associations), 11 (electronic devices), 12 (fixed or landline telephone services and public telephones and other communication devices), 13 (internet services), and 19 (identification), that is reasonably requested by the AFP Superintendent and Community Corrections officer.

4.2.   You must agree to any information being shared between any persons and agencies that are involved in your supervision, including but not limited to the Attorney-General’s Department, the Australian Federal Police, NSW Police and Community Corrections.

  1. Condition 5 (associations)

5.1.   You must not communicate or associate with, directly or indirectly (including through a third party):

5.1.1.   any person who to your knowledge is incarcerated in any correctional facility;

5.1.2.   any person who to your knowledge is subject to:

  1. a control order made under Division 104 of the Criminal Code (Cth) (the Code);

  2. a supervision order made under Division 105A of the Code;

  3. a supervision order made under the law of a State or Territory; or

  4. an order of parole or any other type of conditional community release.

5.1.3.   any person who to your knowledge has been convicted of, or is currently charged with:

  1. an offence against the Crimes (Foreign Incursions and Recruitment) Act 1978 (Cth); or

  2. a ‘terrorism offence’ within the meaning of section 3(1) of the Crimes Act 1914 (Cth);

5.1.4.   any person, persons, groups or organisations you know or suspect are advocating support for or engaging in any terrorist acts or violent extremism;

5.1.5.   any person who to your knowledge is located in Syria;

5.1.6.   any person who is listed below:

  1. Milad Al-Ahmadzai (DOB 03/04/1990);

  2. Mohamed Al Maouie (DOB 30/10/1995);

  3. Raban Alou (DOB 3/08/1997);

  4. Hamdi Alqudsi (DOB 21/08/1974);

  5. Ali Al-Talebi (DOB 9/09/1989);

  6. Milad Atai (DOB 3/01/1996);

  7. Omarjan Azari (DOB 7/05/1992);

  8. Bilal Betka (DOB 7/03/1992);

  9. Jamal Bouobeid (DOB: 02 Jan 1997);

  10. Khaled Cheikho (DOB 9/03/1973);

  11. Conrad Craig (DOB 15/05/1991);

  12. Radwan Dakkak (DOB 11/12/1995);

  13. Adnan Darwiche (DOB 4/03/1976);

  14. Mustafa Dirani (DOB 5/08/1993);

  15. Isaac El-Matari (DOB 17/03/1999);

  16. Ahmed Elomar (DOB 28/02/1983);

  17. Ibrahim Ghazzawy (DOB: 13 Oct 1995);

  18. Wissam Haddad (DOB: 09 May 1980);

  19. Bassam Hamzy (DOB 3/01/1979);

  20. Bourhan Hraichie (DOB 15/04/1997);

  21. Mohammed Hoblos (DOB 22/12/1981);

  22. Omar Haouchar (DOB 10/08/1992);

  23. Sulayman Khalid (DOB 11/11/1994);

  24. Ihsas Khan (DOB 12/12/1993);

  25. Salman Khan (DOB 29/12/1990);

  26. Belal Khazaal (DOB 19/01/1970);

  27. Farhad Said (DOB 30/01/1992);

  28. Luke Sparos (DOB 12/11/1980);

  29. Jalaal Suleman (DOB: 24 Oct 1996);

  30. Mohammad Junaid Thorne (DOB 10/06/1989); and

  31. Haisem Zahab (DOB 6/12/1974).

5.1.7.   any person, or class of person, notified to you in writing by the AFP Superintendent, where the AFP Superintendent suspects on reasonable grounds that your communication or association with that person or class of person would present an unacceptable risk to the public.

5.2.   You must comply with any reasonable direction given to you in writing by the AFP Superintendent in relation to Condition 5.1.

Note: Conditions 5.1 and 5.2 are exemption conditions. Refer to paragraph 22 (Exemptions) to apply for a temporary exemption to these conditions.

  1. Condition 6 (education and employment)

6.1.   You must notify the AFP Superintendent in writing within three days of applying for any paid employment, volunteer or unpaid work, training or education programs or commencing any self-employment or business venture, and provide any details requested by the AFP Superintendent.

6.2.   You must notify the AFP Superintendent in writing within three days of creating or engaging anyone on your behalf to create any business credentials, including an ABN.

6.3.   You must notify the AFP Superintendent in writing prior to forming, joining or associating with any group, club or organisation.

6.4.   You must comply with any reasonable direction given to you in writing by the AFP Superintendent or Community Corrections officer in relation to Conditions 6.1, 6.2 and 6.3.

  1. Condition 7 (prohibited activities)

7.1.   You must seek approval from the AFP Superintendent in writing prior to providing counselling, teaching or mentoring services.

7.2.   You must not:

7.2.1.   provide access to the public or a section of the public, or disseminate by any means (including via social media or electronic communication, or indirectly through a third party), any material in any form, or contribute in any way to the production of such material, in relation to the matters listed below at Condition 7.3 (the prohibited matters); or

7.2.2.   make any public appearance, or statement for publication in any form to any person, or cause any statement to be made to the public by a person on your behalf, in relation to the prohibited matters.

7.3.   The prohibited matters for the purposes of Condition 7.2 are:

7.3.1.   support or encouragement for carrying out, authorising or permitting violence;

7.3.2.   support or encouragement for the activities of any terrorist organisation (as defined in Interpretation below);

7.3.3.   the ideology of, or any material published, produced or endorsed, by any terrorist organisation;

7.3.4.   support or encouragement for, or instruction in, the use of weapons, firearms, ammunitions or explosives;

7.3.5.   any of the following matters:

  1. explosives, explosive devices, initiation systems or firing devices;

  2. firearms, ammunition or edged weapons;

  3. anti-surveillance or counter surveillance;

  4. execution;

  5. beheading;

  6. suicide attack;

  7. bombing;

  8. terrorist attack;

  9. assassination;

  10. torture;

  11. genocide;

  12. martyrdom;

  13. violent jihad;

  14. any method of assault or murder by any means;

  15. material that provides instruction, demonstrates, describes, promotes or encourages any of the matters listed above;

  16. propaganda and promotional material relating to any “terrorist organisation”; including the activities of, or associated with, any “terrorist organisation”; and

  17. any content from websites created or hosted by a terrorist organisation.

7.3.6.   adherence to any fatwa, decree, ruling or statement of the following persons:

  1. Ayman al-Zawahiri;

  2. Osama bin Laden;

  3. Abu Muhammad al Maqdisi;

  4. Abu Bakr Al-Baghdadi;

  5. Abu Qatada al-Filistini;

  6. Said Mansour;

  7. Abu Ibrahim al-Hahimi al-Qurashi, aka Amir Mohammed Abdul Rahman al- Mawli al-Salbi;

  8. Faris al-Zahrani, aka Abu Jandal al-Azdi;

  9. any other person whom you know to be a member of Jama'atul Mujahideen Bangladesh (JMB);

  10. any other persons that are notified to you in writing by the AFP Superintendent.

7.4.   You must comply with any reasonable direction given to you in writing by the AFP Superintendent or Community Corrections officer in relation to Conditions 7.1, 7.2 and 7.3.

  1. Condition 8 (prohibited areas and places)

8.1.   You must not be present at any of the following:

8.1.1.   the home of any person Condition 5 prohibits you from communicating or associating with; and

8.1.2. any premises (not being a premises occupied by an Australian police service), knowing or reasonably suspecting that firearms, ammunition or prohibited weapons (within the meaning of section 4(1) of the Weapons Prohibition Act 1998 (NSW)) are located at those premises.

8.2.   You must not attend any international departure point in Australia.

8.3.   You must comply with any reasonable direction given to you in writing by the AFP Superintendent in relation to Conditions 8.1 and/or 8.2.

Note: Condition 8 is an exemption condition. Refer to paragraph 22 (Exemptions) to apply for a temporary exemption to this condition.

  1. Condition 9 (travel)

9.1.   You must not apply for or obtain any international travel document for any country without the written approval of the AFP Superintendent. For the purposes of Condition 9.1, a “travel document” includes but is not limited to:

9.1.1.   any passport;

9.1.2.   a visa; or

9.1.3.   an airline ticket.

9.2.   You must not leave Australia without the prior written approval of the AFP Superintendent.

9.3.   You must notify the AFP Superintendent prior to leaving the State of New South Wales.

9.4.   You must comply with any reasonable direction given to you in writing by the AFP Superintendent in relation to Conditions 9.1, 9.2 and/or 9.3.

Note: Refer to paragraph 24 (Approval from the AFP Superintendent) for the process for seeking approval.

  1. Condition 10 (producing, distributing, accessing or possessing prohibited documents)

10.1.   Subject to Condition 10.2, you must not (including in respect of your work or education and including indirectly through a third party) access, possess, record, copy, store, collate, edit, produce or distribute any material, or attempt to do any of those things where:

10.1.1.   the material depicts or describes any of the following:

  1. explosives, explosive devices, initiation systems or firing devices;

  2. firearms, ammunition or edged weapons;

  3. anti-surveillance or counter surveillance;

  4. execution;

  5. beheading;

  6. suicide attack;

  7. bombing;

  8. terrorist attack;

  9. assassination;

  10. torture;

  11. genocide;

  12. martyrdom;

  13. violent jihad; and

  14. any method of assault or murder by any means;

10.1.2.   the material provides instruction, demonstrates, promotes or encourages any of the matters listed above at Condition 10.1.1;

10.1.3.   propaganda and promotional material relating to any “terrorist organisation”; including the activities of, or associated with, any “terrorist organisation”; and

10.1.4.   any content from websites created or hosted by a “terrorist organisation”.

Note: ‘Distributing’ material includes, but is not limited to, the distribution of electronic material via sharing or providing an electronic link to that material.

10.2.   Condition 10.1 does not apply to material that is:

10.2.1.   published by a ‘constituent body’ of the Australian Press Council;

10.2.2.   published by Al Jazeera, the British Broadcasting Corporation (BBC), CNN, or the Guardian (or any other publisher approved in writing by the AFP Superintendent);

10.2.3.   broadcast on Australian free to air television;

10.2.4.   broadcast on Australian pay television;

10.2.5.   shown in a commercial movie cinema;

10.2.6.   broadcast on one of the following streaming services: Netflix; STAN; Amazon Prime; Binge; ABC iView; 10play, 9Now, 7plus, SBS on Demand, Kayo Sports, Apple TV+, Paramount Plus (or any other streaming service notified to you in writing by the AFP Superintendent); or

10.2.7. contained in material that is served on you or your legal representative in any legal proceedings, including in respect of Division 104 or Division 105A of the Code, including any appeal from, or application for leave or special leave to appeal from, such proceedings.

  1. Condition 11 (permitted mobile phone)

11.1.   You must not access or use any mobile phone other than the mobile phone and SIM card provided to you by the AFP Superintendent (the permitted mobile phone), except:

11.1.1.   in the case of an emergency; or

11.1.2.   to notify the AFP Superintendent of a fault or damage to the permitted mobile phone.

11.2.   Your use of the permitted mobile phone is subject to the following conditions:

11.2.1.   You must have the permitted mobile phone in your possession and/or control at all times and take all reasonable steps to ensure it is turned on.

11.2.2.   You must answer any call that you receive from the AFP Superintendent or a Community Corrections officer on the permitted mobile phone if reasonably practicable to do so, or return any call that you were unable to answer as soon as reasonably practicable.

11.2.3.   You must not tamper with, intentionally damage or destroy any component of the permitted mobile phone or any equipment necessary for the operation of the permitted mobile phone.

11.2.4.   You must not change, remove, modify or disconnect the SIM card, telecommunication service provider or phone number connected to the permitted mobile phone.

11.2.5.   You must not use encryption or obfuscation services to prevent examination of data contained in the permitted mobile phone and you must provide any information necessary to facilitate the examination of the permitted mobile phone.

11.2.6.   You must present the permitted mobile phone for inspection, repair, service or replacement at any time reasonably requested by the AFP Superintendent.

11.2.7.   You must not intentionally delete or alter, or cause or permit any other person to delete or alter, or use any application, program or software, to delete or alter, any applications, email, text or other electronic message, call history, internet or application search history, any application chat or communication stored on or accessible from the permitted mobile phone.

11.2.8.   You must not cause or permit another person to access or use the permitted mobile phone on your behalf except in the case of emergency or to notify the AFP Superintendent of a fault or damage to the permitted mobile phone.

11.2.9.   You must notify the AFP Superintendent as soon as possible if:

  1. you become aware that a permitted mobile phone, or any equipment necessary for the operation of the permitted mobile phone, is not in good working order; or

  2. you have used another mobile device in an emergency or to notify the AFP Superintendent of a fault or damage to or loss of the permitted mobile phone.

11.3.   If an employer requires you to use another mobile phone you must seek permission in writing from the AFP Superintendent a minimum of 3 days prior to using that other mobile phone. In your request, you must provide the phone number and subscriber details of the mobile phone and the reason why you are required to use the mobile phone in connection with your employment.

11.4.   You must comply with any reasonable direction given to you in writing by the AFP Superintendent in relation to Conditions 11.1, 11.2 and/or 11.3.

  1. Condition 12 (fixed or landline telephone services and public telephones and other communication devices)

12.1.   You must not access or use any fixed or landline telephone service (aside from one identified in Condition 12.2), including any public telephone, or facsimile service, other than a service that has been approved in writing by the AFP Superintendent, except in the case of an emergency or to notify the AFP Superintendent of a fault or damage to the permitted mobile phone.

Note: Refer to paragraph 24 (Approval from the AFP Superintendent) for the process for seeking approval.

12.2.   Condition 12.1 does not apply to access or use of any fixed or landline telephone service located at the nominated residence.

12.3.   Condition 12.1 does not apply to access or use of any fixed or landline telephone service located at your place of employment and utilised for the purpose of employment, where you have notified the AFP Superintendent of the service provider, phone number and service subscriber of the fixed or landline telephone service prior to using it.

12.4.   If you have used a fixed or landline telephone service in an emergency as referred to in Condition 12.1, you must notify the AFP Superintendent as soon as possible and provide any information requested by the AFP Superintendent.

12.5.   You must not access or use any satellite telephone service or UHF/VHF radio.

12.6.   You must comply with any reasonable direction given to you in writing by the AFP Superintendent in relation to Conditions 12.1, 12.4 and/or 12.5.

  1. Condition 13 (internet services)

13.1.   You must not access or use any internet service, including any wireless (Wi-Fi) network or connection, other than:

13.1.1.   the internet service provided through your permitted mobile phone by the AFP Superintendent (the permitted internet service);

13.1.2.   the internet service provided through an Automated Teller Machine (ATM);

13.1.3.   the internet service provided through an EFTPOS terminal;

13.1.4.   the internet service provided through a computer or tablet device (as defined in Interpretation below) owned by a business or government agency which is made available for your use to facilitate contact tracing, telehealth services, the ordering or sale of food or consumer products or the provision of a service, provided it is accessed or used by you only for that purpose;

13.1.5.   the internet service provided through a smart TV, provided it is accessed or used by you only for the purposes of watching the television or streaming services set out in Conditions 10.2;

13.1.6.   the internet service provided through a computer or tablet device (as defined in Interpretation below) owned by your employer which is made available for your use to facilitate your employment, provided it is accessed or used by you only for that purpose, and you have notified the AFP Superintendent of the internet service provider, phone number (if applicable) and service subscriber of the internet service provided through a computer or tablet device prior to using it;

13.1.7.   an internet service approved in writing by the AFP Superintendent; or

13.1.8.   in the case of emergency.

13.2.   You must notify the AFP Superintendent if you have used or accessed any internet service in an emergency, as soon as possible after the emergency.

13.3.   You must notify the AFP Superintendent if another person accesses or uses any internet service on your behalf.

13.4.   You must comply with any reasonable direction given to you in writing by the AFP Superintendent in relation to Conditions 13.1 and/or 13.2.

Note: Condition 13 is an exemption condition. Refer to paragraph 22 (Exemptions) to apply for a temporary exemption to this condition

  1. Condition 14 (email)

14.1.   You must not access or use any electronic mail (email) account other than an account that has been approved by the AFP Superintendent for you to access or use (the permitted email account).

14.2.   You must comply with any reasonable direction given to you in writing by the AFP Superintendent in relation to Condition 14.1.

Note: Refer to paragraph 24 (Approval from the AFP Superintendent) for the process for seeking approval.

  1. Condition 15 (computers, tablets and other devices)

15.1.   You must not access or use any computer, tablet or other device that is capable of accessing the internet other than:

15.1.1.   the permitted mobile phone;

15.1.2.   a device that has been provided to you by the AFP Superintendent, or has otherwise been approved in writing by the AFP Superintendent (the permitted computer, tablet or other permitted device);

15.1.3.   a computer or tablet device owned by a business or government agency which is made available for your use to facilitate contact tracing, telehealth services, the ordering or sale of food or consumer products or the provision of a service, provided it is accessed or used by you only for that purpose;

15.1.4.   a computer or tablet device owned by your employer which is made available for your use to facilitate your employment, provided it is accessed or used by you only for that purpose, and you have notified the AFP Superintendent of the make, model, serial number and IMEI number (if any) of the computer or tablet device prior to using it;

15.1.5.   a smart TV, provided it is accessed or used by you only for the purposes of watching the television or streaming services set out in Condition 10.2;

15.1.6.   an ATM;

15.1.7.   an EFTPOS terminal; or

15.1.8.   in the case of emergency.

Note: Refer to paragraph 24 (Approval from the AFP Superintendent) for the process for seeking approval.

15.2.   You must notify the AFP Superintendent if you have used or accessed any computer, tablet or other device in an emergency, as soon as possible after the emergency.

15.3.   You must not tamper with, damage or destroy any component of the permitted computer, tablet or other device or any equipment necessary for the operation of the permitted computer, tablet or other device.

15.4.   You must comply with any reasonable direction given to you in writing by the AFP Superintendent in relation to Conditions 15.1, 15.2 and/or 15.3.

  1. Condition 16 (computer programs and platforms)

16.1.   You must not use or access applications or computer programs (collectively, platforms), unless the platform has been installed on your permitted mobile phone or your permitted computer, tablet or any other permitted device, at the time you obtain it, and you use the platform on the permitted mobile phone, permitted computer, tablet or other permitted device.

16.2.   Condition 16.1 does not prohibit access to or the use of:

16.2.1.   a website which includes an ‘instant chat’ function that allows a visitor to the website to send messages to, and receive messages from, the website host solely for the purpose of obtaining or providing customer service;

16.2.2.   any platform, Voice Over Internet Protocol (VOIP) or website for the purpose of participating in any proceeding in an Australian Court to which you are a party or witness;

16.2.3.   any platform for ordering ordinary consumer or household items, including food and groceries, or ordinary consumer transport services, including taxi or ride-sharing applications;

16.2.4.   any platform for accessing or using telehealth services;

16.2.5.   any platform that you have notified the AFP Superintendent of in writing, after 5 pm on the seventh calendar day after you provide that notification, subject to Condition 16.3;

16.2.6.   any platform for which you have obtained the prior written approval from the AFP Superintendent.

16.3.   If the AFP Superintendent assesses that a platform that you have notified in accordance with Condition 16.2.5 includes a chat function and/or an encryption function and notifies you of this in writing, the exception in Condition 16.2.5 ceases to apply to that platform. For the avoidance of doubt, you may still seek approval for that platform in accordance with Condition 16.2.6.

Note: Refer to paragraph 24 (Approval from the AFP Superintendent) for the process for seeking approval.

16.4.   For the avoidance of doubt, other than the platforms referred to in Condition 16.1, you must not access or use:

16.4.1.   any Voice Over Internet Protocol (VOIP) service;

16.4.2.   any internet-based messaging service;

16.4.3.   any applications, programs or websites that can be used for communication, including social media services, applications and email services (other than the service permitted by Condition 14.1);

16.4.4.   any gaming applications or software that connects to other users or servers, via the internet or Local Area Network (LAN); or

16.4.5.   any cloud or remote storage service, removable data storage device (e.g. a USB or SD Card), file sharing service, virtualisation software or encrypted storage service.

Note: Applications, programs or websites that can be used for communication include (by way of example), but are not limited to, the following: FaceTime, WhatsApp, Viber, Telegram, Skype, Facebook, Facebook Messenger, Instagram, Snapchat, KIK, iCall, WeTalk, Lync 2013, Nimbuzz Messenger, Whistle Phone, Talkatone, Discord, Google Duo, MagicApp, Signal Private Messenger, Zoiper IAX SIP VOIP Softphone, Beejive, Fring, Jajah, Line 2, Talkatone, Truphone, Twitter, ICQ, Google Talk, MSN Messenger, AIM, Yahoo Messenger, Packet8, Google Hangouts, YouTube, Wechat, Wickr, Slack, TikTok.

16.5.   You must not use any applications, programs, services or software, or any settings or modes of any applications, programs, services or software, that are designed to, or which purport to, disguise or conceal any function or use of the application, program, service or software. This includes, but is not limited to, the use of a private browser or incognito or hidden mode, and the use of a Virtual Private Network (VPN).

16.6.   You must comply with any reasonable direction given to you in writing by the AFP Superintendent in relation to Conditions 16.1, 16.2 and/or 16.3.

16.6.1.   

  1. Condition 17 (prohibited items)

17.1.   You must not purchase, possess or use any of these specified articles or substances, namely:

17.1.1. A “firearm” within the meaning of s 4(1) of the Firearms Act 1996 (NSW);

17.1.2.   “Cartridge ammunition’ as defined in Interpretation below;

17.1.3. A “prohibited weapon” within the meaning of s 4(1) of the Weapons Prohibition Act 1998 (NSW);

17.1.4.   A spear or bow and arrow;

17.1.5.   Any quantity of petrol exceeding 4 litres that is not contained in the petrol tank of a vehicle that you have purchased, rented or driven in compliance with Condition 18.

17.1.6.   Any quantity of any chemical which is not consistent with reasonable domestic use;

17.1.7.   An article or device, not being a firearm, capable of discharging by any means which is not consistent with reasonable domestic use;

17.1.8.   Any irritant matter in liquid, powder, gas or chemical form or any substance capable of causing bodily harm which is not consistent with reasonable domestic use;

17.1.9.   Any article or device capable of emitting or causing dense smoke which is not consistent with reasonable domestic use;

17.1.10.   Any other substance capable of causing bodily harm (including chemicals or poisons) which is not consistent with reasonable domestic use;

17.1.11.   A detonator;

17.1.12.   A fuse capable of use with an explosive or a detonator;

17.1.13.   A knife, in a public place, without reasonable excuse; or

17.1.14.   A digital blueprint for the manufacture of a firearm or prohibited weapon on a 3D printer or electronic milling machine.

17.2.   You must not obtain, or apply to obtain, any licence to possess or use a weapon.

17.3.   You must not use, store or permit the storage of any firearms or ammunition at the nominated residence.

  1. Condition 18 (vehicles)

18.1.   You must not, without the prior written approval of the AFP Superintendent purchase, rent or drive any vehicle which exceeds a gross vehicle mass of 4.5 tonnes, or cause or permit another person to do so on your behalf.

18.2.   You must not obtain, or apply to obtain, any licence to operate heavy machinery, equipment or vehicles of any kind, without the prior written approval of the AFP Superintendent.

Note: Refer to paragraph 24 (Approval from the AFP Superintendent) for the process for seeking approval.

18.3.   You must inform the AFP Superintendent of the colour, make, model and registration of any vehicle registered to you and any vehicle that you rent or intend to rent 24 hours before registering or renting the vehicle.

  1. Condition 19 (name and identification)

19.1.   You must not change your name or use any name other than “Nowroz” or “Amin” (individually or in combination), for any purpose, without the prior written approval of the AFP Superintendent.

Note: Refer to paragraph 24 (Approval from the AFP Superintendent) for the process for seeking approval.

19.2.   You must not use any electronic account registered in a name other than your own unless in connection with your employment with the prior approval of the AFP Superintendent.

Note: For the purposes of Condition 19.2 an ‘electronic account’ includes an email account, social media account or any other account that is to be used for electronic communication.

19.3.   If you change the details of any current form of identification or obtain further forms of identification, you must notify the AFP Superintendent.

19.4.   You must comply with any reasonable direction given to you in writing by the AFP Superintendent in relation to Conditions 19.1, 19.2 and/or 19.3.

  1. Condition 20 (financial transactions)

20.1.   You must not:

20.1.1.   transfer by any means money or money’s worth, including cryptocurrency, to another person (whether located in Australia or overseas) of an amount equal to or exceeding $500 within any 24-hour period (whether in one transaction or in multiple transactions) (but see Condition 20.3 below);

20.1.2.   make any gift, donation or financial contribution to any organisation, association, entity or charity, however described, in Australia or overseas.

Note: Transfer money or money’s worth includes, but is not limited to, providing money in person, by way of electronic transfer, by way of a transfer of an interest in shares, property or assets and the provision of cheques, money orders or cryptocurrency of any kind.

20.2.   Condition 20.1.1 does not apply to the payment of invoices relating to your, or your immediate family’s, reasonable personal expenses in the nature of household utilities, medical expenses, transport, children’s school fees, insurance, housing and the like;

20.3.   Any self employment that has been notified to the AFP Superintendent in accordance with Condition 6.

20.4.   Condition 20.1.2 does not apply to gifts or donations made to:

20.4.1.   registered Australian charities;

20.4.2.   political parties registered through any Australian Federal, State or Territory Electoral Commission; or

20.4.3.   any other entity for which you have obtained prior written approval from the AFP Superintendent.

Receipt of money

20.5.   You must notify the AFP Superintendent if you have received any money transfer, gift or other financial transaction in any form, including cryptocurrency, from another person equal to or exceeding the value of $200, whether in one transaction or in multiple transactions within any 24-hour period, and provide a receipt of the payment thereafter (but see Condition 21.4 below).

20.6.   Condition 20.5 does not apply to any:

20.6.1.   financial transaction received from an Australian Government or State Government department or agency; or

20.6.2.   payment of salary or wages received from your employer or income derived from self-employment, in respect of employment notified in accordance with Condition 6.

Collection of money

20.7.   You must not:

20.7.1.   collect money from the individuals listed at Condition 5.1; or

20.7.2.   collect money from members of the public for any purpose except in the course of any self-employment as notified in accordance with Condition 6.

Note: Condition 20 is an exemption condition. Refer to Condition 22 (Exemption) to apply for a temporary exemption to this condition.

  1. Condition 21 (electronic monitoring)

21.1.   You must wear an electronic monitoring device at all times.

21.2.   The electronic device you are required to wear specified in Condition 21.1 is:

21.2.1.   The electronic monitoring device which is fitted to you by an AFP member within:

21.2.2.   four (4) hours of this order coming into force; or

21.2.3.   such other time as the AFP Superintendent advises you with at least 4 hours written notice.

21.3.   22.3. You must do all of the following:

21.3.1.   allow an AFP member to enter the nominated residence at any reasonable time for any purpose relating to the electronic monitoring of you;

21.3.2.   allow an AFP member to install, repair, service, replace or fit to you an electronic monitoring device or any related monitoring equipment;

21.3.3.   charge the electronic monitoring device to ensure that the battery is charged at all times;

21.3.4.   take reasonable steps to ensure that the electronic monitoring device and any related monitoring equipment are and remain in good working order;

21.3.5.   if you become aware that the electronic monitoring device and any related monitoring equipment are not in good working order – notify an AFP member as soon as reasonably practicable; and

21.3.6.   allow an AFP member or police officer to remove the electronic monitoring device and any related monitoring equipment.

21.4.   22.4. You must not:

21.4.1.   remove, tamper with, intentionally damage or destroy any component of the electronic monitoring device you are required to wear or any equipment necessary for the operation of that device;

21.4.2.   attempt to do any of the things referred to in Condition 21.4.1; or

21.4.3.   allow any other person to do, or attempt to do, any of the things referred to in Condition 21.4.1.

21.5.   This order authorises one or more police officers to:

21.5.1.   enter the nominated residence at any reasonable time for any purpose relating to the electronic monitoring of you;

21.5.2.   install, repair, service, replace or fit the monitoring device and any related electronic monitoring equipment;

21.5.3.   take reasonable steps to ensure that the device and any related monitoring equipment are or remain in good working order;

21.5.4.   remove any electronic monitoring equipment from the specified premises; and

21.5.5.   remove the electronic monitoring device that is fitted to you.

21.6.   Condition 20 does not apply:

21.6.1.   if you undergo an emergency medical procedure that necessitates removal of the electronic monitoring device; or

21.6.2.   in an emergency, if it is necessary to remove the electronic monitoring device to avoid serious injury or death to yourself.

Exemptions and approval

  1. Exemptions

22.1.   You may request an exemption from the AFP Superintendent from any of Conditions 5, 8, 13 and 20. In accordance with s 105A.7D of the Code, to request an exemption, you must submit a written request to the AFP Superintendent which:

22.1.1.   identifies the condition in respect of which you seek an exemption;

22.1.2.   explains the extent to which you seek to be exempted from the condition;

22.1.3.   explains your reason(s) for seeking the exemption; and

22.1.4.   provide any other information requested by the AFP Superintendent for the purposes of determining whether to approve the exemption.

22.2.   The AFP Superintendent may grant or refuse an exemption, subject to any reasonable directions specified in writing.

22.3.   You must comply with all of the reasonable directions specified in writing by the AFP Superintendent. If you do not comply with a reasonable direction in relation to an exemption, the exemption is (and will be taken to have been for all purposes) of no effect.

22.4.   You must request an exemption before the material time and date (as defined in Interpretation below). If the AFP Superintendent has not approved an exemption by the material time and date, the request is deemed to have been refused.

  1. Exemption granted by the AFP without a request from you

23.1.   The AFP Superintendent may grant an exemption to any of Conditions 1-20 above without a request from you. The AFP Superintendent must obtain your consent, if he or she is considering granting an exemption without a request from you.

23.2.   The AFP Superintendent may grant an exemption subject to reasonable directions specified in writing provided on reasonable notice to you and to which you consent in writing.

23.3.   You must comply with all of the reasonable directions specified in writing by the AFP Superintendent. If you do not comply with a condition to an exemption, the exemption is (and will be taken to have been for all purposes) of no effect.

  1. Approval from the AFP Superintendent

24.1.   You may obtain approval from the AFP Superintendent for the purposes of Conditions 9, 12.1, 14, 15, 16, 18 and 19. To obtain approval you must submit a written request to the AFP Superintendent which identifies the condition in respect of which you seek approval; and provide any information requested by, or on behalf of, the AFP Superintendent for the purposes of determining whether to approve the request.

24.2.   The AFP Superintendent may grant approval subject to conditions specified in writing.

24.3.   You must comply with all of the reasonable directions specified in writing by the AFP Superintendent. If you do not comply with a condition to an approval, the approval is (and will be taken to have been for all purposes) of no effect.

24.4.   The AFP Superintendent may revoke approval that has previously been provided.

Offences

Section 105A.18A of the Code makes it an offence to contravene the conditions of an extended supervision order.

See also Part 2.4 of the Code, which provides for extensions to criminal responsibility where (for example) you attempt to commit an offence, cause or permit any other person to do any of the actions prohibited by these conditions or conspire with other people to commit an offence.

Interpretation

In this Extended Supervision Order:

AFP Superintendent means a member of the Australian Federal Police performing the duties of a Superintendent within the Counter Terrorism and Special Investigations Command, and whose contact details are provided to you at the time of this Order coming into force, and any other member of the Australian Federal Police acting under the direction of or on behalf of the AFP Superintendent.

Cartridge Ammunition means ammunition having a bullet or other projectile and a priming device fixed to or enclosed in a cartridge case which is composed wholly or partly of material other than paper.

Community Corrections officer means an employee of Community Corrections whose contact details are provided to you at the time of this order coming into force, and any other employee of Community Corrections who may be involved in your supervision from time to time.

Case Plan means a working framework document developed by your Community Corrections officer and, as appropriate, you, that provides details of planning for, and managing of your behaviour with respect to, reaching your identified goals.

Emergency means an actual or imminent occurrence of an event which in any way endangers or threatens to endanger the safety or health of yourself or a member of your immediate family, or threatens to destroy or damage the specified premises.

Material time and date means:

a.   in relation to a condition that requires you to do an act – the time and date that you are required to do that act;

b.   in relation to a condition to that prohibits you from doing an act – the time and date that you propose to do that act;

c.   in relation to a condition that requires to you be present at an area or place – the time and date that you are required to be present at that area or place; or

d.   in relation to a condition that prohibits you from being present at an area or place – the time and date that you propose to be present at that area or place.

Reasonable direction means, as specified in s 105A.7B(4) of the Code, a direction that the specified authority giving the direction is satisfied is reasonable in all the circumstances to give effect to:

a.   the condition; or

b. the object of Division 105A of the Criminal Code.

Tablet device includes but is not limited to an iPad or a Samsung Galaxy Tab.

Terrorist organisation means a terrorist organisation within the meaning of s 102.1(1) of the Code (as in force from time to time).

**********

Decision last updated: 31 October 2023

Actions
Download as PDF Download as Word Document
Cases Citing This Decision

1

Attorney-General of the Commonwealth of Australia v Amin (Final) [2023] NSWSC 1586
Cases Cited

0

Statutory Material Cited

2