Booth v Khazaal

The case of Booth v Khazaal involved an application by Commander Sandra Booth, acting on behalf of the Australian Federal Police, for interim control orders under section 104.4 of the Criminal Code Act 1995 (Cth) against Belal Khazaal. Khazaal had been convicted of an offence related to terrorism. The primary legal issues before the court were whether the proposed control orders were reasonably necessary and appropriately tailored to the objectives specified in section 104.4(1)(d) of the Criminal Code Act 1995 (Cth), which includes protecting the public from terrorist acts, preventing the provision of support for or the facilitation of a terrorist act, and preventing the provision of support for or the facilitation of the engagement in a hostile activity in a foreign country.

The court found that the proposed control orders were reasonably necessary and appropriately tailored to the specified objectives. It held that the definition of "AFP Superintendent" in the control order was adequate, as Khazaal could seek clarification if needed. The court also noted that providing a specific contact number for the control order was unnecessary and potentially problematic, as changes to the number would require a variation application. With minor amendments, the court concluded that the proposed control orders were reasonably necessary and appropriately tailored to the specified objectives.

Additionally, the court granted non-publication and suppression orders pursuant to section 37AF of the Federal Court of Australia Act 1976 (Cth) for certain paragraphs of the affidavit and annexures, as well as for specific information in the interim control order. These orders were made to prevent prejudice to the proper administration of justice and to protect the safety of individuals, particularly given the sensitive nature of the information, including excerpts from a book published by Khazaal and details of sexual offences against minors. Both parties agreed on the necessity of these orders.

The court issued an interim control order containing the proposed controls, subject to minor amendments. Non-publication and suppression orders were also made for specific information to protect the safety of individuals and prevent prejudice to the administration of justice. The interim control order is effective until it is confirmed, voided, or revoked at a hearing on 30 November 2020. The matter is also listed for a case management hearing on 2 September 2020. Khazaal is warned of the consequences of non-compliance with the control order.