Gale v Homewood (No 2)
[2024] FCA 1165
•20 September 2024
FEDERAL COURT OF AUSTRALIA
Gale v Homewood (No 2) [2024] FCA 1165
File number: NSD 264 of 2024 Judgment of: KENNETT J Date of judgment: 20 September 2024 Date of publication of reasons for judgment: 4 October 2024 Catchwords: CRIMINAL LAW – application to confirm interim control order under s 104.14 of the Criminal Code (Cth) (being Sch 1 to the Criminal Code Act 1995 (Cth) – where respondent consents to orders – whether conditions reasonably appropriate and adapted for the purposes in s 104.4(1)(d)(iii)-(iv) of the Criminal Code (Cth) Legislation: Criminal Code Act 1995 (Cth) Sch (ss 80.2C, 100.1, 104.1, 104.4, 104.5, 104.12, 104.12A, 104.14, 104.15, 104.16)
Firearms Act 1996 (NSW)
Cases cited: Booth v Khazaal(No 2) [2020] FCA 1528
Gale v Homewood [2024] FCA 264
Division: General Division Registry: New South Wales National Practice Area: Federal Crime and Related Proceedings Number of paragraphs: 22 Date of hearing: 20 September 2024 Counsel for the applicant: T Glover with M Pruscino Solicitor for the applicant: Australian Government Solicitor Counsel for the respondent: The respondent did not appear Solicitor for the respondent: RJ O’Halloran ORDERS
NSD 264 of 2024 BETWEEN: MATTHEW JOHN GALE
Applicant
AND: WADE JOHN HOMEWOOD
Respondent
ORDER MADE BY:
KENNETT J
DATE OF ORDER:
20 SEPTEMBER 2024
BY CONSENT, THE COURT ORDERS THAT:
Endorsement pursuant to Rule 41.06
PENAL NOTICE – Rule 41.06 of the Federal Court Rules 2011 (Cth)
TO: WADE JOHN HOMEWOOD
IF YOU (BEING THE PERSON BOUND BY THIS ORDER):
(A) REFUSE OR NEGLECT TO DO ANY ACT WITHIN THE TIME SPECIFIED IN THIS ORDER FOR THE DOING OF THIS ACT; OR
(B) DISOBEY THE ORDER BY DOING AN ACT WHICH THE ORDER REQUIRES YOU NOT TO DO,
YOU WILL BE LIABLE TO IMPRISONMENT, SEQUESTRATION OF PROPERTY OR OTHER PUNISHMENT.
ANY OTHER PERSON WHO KNOWS OF THIS ORDER AND DOES ANYTHING WHICH HELPS OR PERMITS YOU TO BREACH THE TERMS OF THIS ORDER MAY BE SIMILARLY PUNISHED.
1.Pursuant to s 104.14(7)(c) of the Schedule to the Criminal Code Act 1995 (Cth) (Criminal Code), the interim control order made in relation to the Respondent on 20 March 2024, and varied on 11 April 2024, be confirmed without variation in the terms of the confirmed control order set out in the Annexure to this order.
2.This confirmed control order be in force until and including 19 March 2025.
3.The Respondent’s lawyer may attend the AFP Sydney office at 110 Goulburn Street, Sydney, NSW 2000 between 9.00 am to 4.00 pm, Monday to Friday in order to obtain a copy of this order.
THE COURT NOTES THAT:
4.This confirmed control order relates to the Respondent, Wade John Homewood.
5.It 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).
6.It is satisfied on the balance of probabilities that each of the conditions to be imposed (and the combined effect of all the conditions) on the Respondent by the order is reasonably necessary, and reasonably appropriate and adapted, for the purposes of:
(a)protecting the public from a terrorist act (s 104.4(1)(d)(iii) of the Criminal Code); or
(b)preventing the provision of support for or the facilitation of a terrorist act (s 104.4(1)(d)(iv) of the Criminal Code).
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
KENNETT J:
Introduction
On 20 March 2024 this Court made an interim control order (ICO) in respect of the respondent (Mr Homewood) under s 104.4 of the Criminal Code (Cth) (the Code), which is a Schedule to the Criminal Code Act 1995 (Cth): Gale v Homewood [2024] FCA 264 (Perram J) (the ICO decision). The conditions of the ICO were varied on 11 April 2024 so as to annex maps of certain exclusion zones.
The applicant (Commander Gale), who is an officer of the Australian Federal Police (AFP), asked the Court to confirm the ICO under s 104.14 of the Code. Mr Homewood consented to the ICO being confirmed without variation.
On 20 September 2024 I made orders accordingly. What follows are my reasons for making those orders.
The objects of Division 104 of the Code are set out in s 104.1 as follows.
104.1 Objects of this Division
The objects of this Division are to allow conditions to be imposed on a person by a control order for one or more of the following purposes:
(a) protecting the public from a terrorist act;
(b) preventing the provision of support for or the facilitation of a terrorist act;
(c) preventing the provision of support for or the facilitation of the engagement in a hostile activity in a foreign country.
The confirmation of an ICO is provided for by Subdivision D of Division 104.
Section 104.12 provides for service of the ICO on the person to whom it applies. Relevantly, it is as follows.
104.12 Service, explanation and notification of an interim control order
Service and explanation of an interim control order
(1) As soon as practicable after an interim control order is made in relation to a person, and at least 48 hours before the day specified as mentioned in paragraph 104.5(1)(e), an AFP member:
(a) must serve the order personally on the person; and
(b) must inform the person of the following:
(i) the effect of the order;
(ii) the period for which the order (if confirmed) is in force;
(iii) the effect of sections 104.12A, 104.13, 104.14, 104.18 and 104.27 (and section 104.5C if appropriate);
(iiia) that the person has a right to obtain legal advice and legal representation;
(iv) that the person may have appeal and review rights in relation to the decision of the issuing court to make the order;
(v) the person’s right to attend court on the day specified for the purposes of paragraph 104.5(1)(e);
(vi) the right of the person or one or more representatives of the person, and (if relevant) the right of the Queensland public interest monitor, to adduce evidence or make submissions under subsection 104.14(1) if the order is confirmed;
(vii) that the person may have appeal and review rights in relation to any decision of the issuing court to confirm the order;
(viia) that the order may be varied by consent, in accordance with section 104.22;
(viii) the person’s right to apply under section 104.18 for an order revoking or varying the order if it is confirmed;
(ix) the right of the person or one or more representatives of the person, and (if relevant) the right of the Queensland public interest monitor, to adduce evidence or make submissions under subsection 104.19(3) or 104.23(4) in relation to an application to revoke or vary the order if it is confirmed; and
(c) must ensure that the person understands the information provided under paragraph (b) (taking into account the person’s age, language skills, mental capacity and any other relevant factor).
Note: For the personal service of documents on a person detained in custody, see section 104.28B.
…
In s 104.12(1), the “day specified as mentioned in paragraph 104.5(1)(e)” is a day which, pursuant to s 104.5(1)(e), is required to be specified in the ICO as a day on which the person subject to the order may attend the court for the court to confirm the ICO, declare it void or revoke it. The ICO in the present case specified 20 September 2024 as the relevant date and an associated order listed the matter before the docket judge at 9.30 am on that day.
Section 104.12A(1) requires that the “senior AFP member” who requested the interim control order elect, at least 48 hours before the date specified under s 104.5(1)(e), whether to confirm the order and give a written notification of that election to the issuing court. If the senior AFP member elects to confirm the order, s 104.12A(2) applies. It provides as follows.
(2) If the senior AFP member elects to confirm the order, an AFP member must:
(a) serve personally on the person in relation to whom the order is made:
(i) a copy of the notification; and
(ii) a copy of the documents mentioned in paragraphs 104.2(3)(aa) and 104.3(d); and
(iii) any other written details required to enable the person to understand and respond to the substance of the facts, matters and circumstances which will form the basis of the confirmation of the order; and
(b) if the person is a resident of Queensland, or the court made the order in Queensland—give the Queensland public interest monitor a copy of the documents mentioned in paragraph (a); and
(c) if the person is 14 to 17 years of age—take reasonable steps to serve a copy of the documents mentioned in paragraph (a) personally on at least one parent or guardian of the person.
Note: For the personal service of documents on a person detained in custody, see section 104.28B.
Section 104.14 provides for the confirmation of an ICO, as follows.
104.14 Confirming an interim control order
When this section applies
(1A) This section applies if:
(a) an interim control order is made in relation to a person; and
(b) an election is made under section 104.12A to confirm the order; and
(c) the issuing court is satisfied on the balance of probabilities that section 104.12 and subsection 104.12A(2) have been complied with in relation to the order.
Who may adduce evidence or make submissions
(1) On the day specified as mentioned in paragraph 104.5(1)(e), the following persons may adduce evidence (including by calling witnesses or producing material), or make submissions, to the issuing court in relation to the confirmation of the order:
(a) the senior AFP member who requested the interim control order;
(b) one or more other AFP members;
(c) the person in relation to whom the interim control order is made;
(d) one or more representatives of the person;
(e) if:
(i) the person is a resident of Queensland; or
(ii) the court made the interim control order in Queensland; the Queensland public interest monitor.
(2) Subsection (1) does not otherwise limit the power of the court to control proceedings in relation to the confirmation of an interim control order.
(3) Subject to subsection (3A), before taking action under this section, the court must consider:
(a) the original request for the interim control order; and
(b) any evidence adduced, and any submissions made, under subsection (1) in respect of the order.
(3A) To avoid doubt, in proceedings under this section, the issuing court:
(a) must take judicial notice of the fact that the original request for the interim control order was made in particular terms; but
(b) may only take action on evidence adduced, and submissions made, under subsection (1) in relation to the confirmation of the order.
Note: The Evidence Act 1995 covers the admissibility of evidence adduced under subsection (1).
Failure of person or representative etc. to attend
(4) The court may confirm the order without variation if none of the following persons attend the court on the specified day:
(a) the person in relation to whom the order is made;
(b) a representative of the person;
(c) if the person is a resident of Queensland, or the court made the order in Queensland—the Queensland public interest monitor.
Attendance of person or representative etc.
(5) The court may take the action mentioned in subsection (6) or (7) if any of the following persons attend the court on the specified day:
(a) the person in relation to whom the order is made;
(b) a representative of the person;
(c) if the person is a resident of Queensland, or the court made the order in Queensland—the Queensland public interest monitor.
(6) The court may declare, in writing, the order to be void if the court is satisfied that, at the time of making the order, there were no grounds on which to make the order.
(7) Otherwise, the court may:
(a) revoke the order if, at the time of confirming the order, the court is not satisfied as mentioned in paragraph 104.4(1)(c); or
(b) confirm and vary the order by removing one or more conditions if, at the time of confirming the order, the court is satisfied as mentioned in paragraph 104.4(1)(c) but is not satisfied as mentioned in paragraph 104.4(1)(d); or
(c) confirm the order without variation if, at the time of confirming the order, the court is satisfied as mentioned in paragraphs 104.4(1)(c) and (d).
Note: If the court confirms the interim control order, the court must make a new order under section 104.16.
If the court declares the ICO void under s 104.14(6), it is taken never to have been in force (s 104.15(1)). If the ICO is revoked under s 104.14(7)(a), it ceases to have effect upon revocation (s 104.15(2)). If the ICO is confirmed it ceases to have effect, and the confirmed control order takes effect, when the court makes an order under s 104.16 (s 104.15(3)).
Section 104.16 provides as follows.
104.16 Terms of a confirmed control order
(1)If the issuing court confirms the interim control order under section 104.14, the court must make a corresponding order that:
(a) states that the court is satisfied of the matters mentioned in paragraphs 104.4(1)(c) and (d); and
(b)specifies the name of the person to whom the order relates; and
(c) specifies all of the conditions that are to be imposed on the person by the order in accordance with section 104.5A; and
(ca) specifies any exemption conditions that are to be imposed in accordance with section 104.5B on the person by the order; and
(d) specifies the period during which the order is to be in force, which must not end more than 12 months after the day on which the interim control order was made; and
(e) states that the person’s lawyer may attend a specified place in order to obtain a copy of the confirmed control order.
Note: If the person is 14 to 17 years of age, then a confirmed control order must not end more than 3 months after the day on which the interim control order is made (see section 104.28).
(2) Paragraph (1)(d) does not prevent the making of successive control orders in relation to the same person.
Section 104.14 applies
The conditions for the application of s 104.14, set out in sub-s (1A), were met on 20 September 2024.
(a)An ICO was in force in relation to Mr Homewood.
(b)An instrument signed by Commander Gale on 2 August 2024, electing to confirm the ICO, was filed. Commander Gale holds a rank which qualifies him as a “senior AFP member”, as defined in s 100.1 of the Code.
(c)An affidavit of Constable Daniel Lima Morgan dated 3 September 2024 was before the Court. It records his service of relevant documents on, and conversations with, Mr Homewood. It allowed me to be satisfied that the requirements of s 104.12 (in relation to service of the ICO and explanation of relevant matters) and s 104.12A(2) (in relation to service of the notification of election) had been met.
Consent and non-attendance
As noted earlier, Mr Homewood consented to the ICO being confirmed. He conveyed that consent through his solicitor. He did not appear before the Court on 20 September 2024.
Section 104.14(4) expressly permits the Court to confirm an ICO without variation if (relevantly here) neither the person subject to the order nor their representative is present. However, counsel for Commander Gale submitted that it was still necessary for the Court to be satisfied as to the matters referred to in s 104.14(7)(c) in order to proceed in that way. This was the approach taken by Wigney J in Booth v Khazaal(No 2) [2020] FCA 1528 at [2]. I proceeded on the same basis.
Relevant evidence and submissions
Section 104.14(3) and (3A) make clear that, while judicial notice is to be taken of the original request for a control order, the evidence and submissions that may be relied on are only those advanced on the confirmation hearing pursuant to s 104.14(1). However, the evidence relied on by Commander Gale on the original request was before the Court, having been annexed to one of the affidavits read on this application.
The Court had before it:
(a)the affidavit of Constable Morgan referred to earlier (which annexes, among other things, the affidavit sworn by Commander Gale on 7 March 2024 (Commander Gale’s March affidavit) for the purposes of the original ICO request);
(b)an affidavit of Sheridan Rose New (an AGS lawyer) dated 5 September 2024 recording communications with Mr Homewood’s solicitor; and
(c)a further affidavit of Commander Gale dated 6 September 2024 explaining the reasons why confirmation of the ICO was sought.
Counsel for Commander Gale filed written submissions and made oral submissions.
Consideration
Section 104.14(7)(c) requires consideration of the matters referred to in s 104.4(1)(c) and (d). These are:
(c) the court is satisfied on the balance of probabilities:
(i) that making the order would substantially assist in preventing a terrorist act; or
(ii) that the person has provided training to, received training from or participated in training with a listed terrorist organisation; or
(iii) that the person has engaged in a hostile activity in a foreign country; or
(iv) that the person has been convicted in Australia of an offence relating to terrorism, a terrorist organisation (within the meaning of subsection 102.1(1)) or a terrorist act (within the meaning of section 100.1); or
(v) that the person has been convicted in a foreign country of an offence that is constituted by conduct that, if engaged in in Australia, would constitute a terrorism offence (within the meaning of subsection 3(1) of the Crimes Act 1914); or
(vi) that making the order would substantially assist in preventing the provision of support for or the facilitation of a terrorist act; or
(vii) that the person has provided support for or otherwise facilitated the engagement in a hostile activity in a foreign country; and
(d) 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 person by the order in accordance with section 104.5A is reasonably necessary, and reasonably appropriate and adapted, for the purpose of:
(iii) protecting the public from a terrorist act; or
(iv) preventing the provision of support for or the facilitation of a terrorist act; or
(v) preventing the provision of support for or the facilitation of the engagement in a hostile activity in a foreign country.
Note: The issuing court may, in accordance with section 104.5B, specify conditions from which exemptions may be granted.
Commander Gale relied on paragraphs (c)(iv) and (d)(iii) and (iv); that is, he contended that:
(a)Mr Homewood has been convicted of an offence relating to “terrorism, a terrorist organisation … or a terrorist act”; and
(b)the conditions of the ICO are “reasonably necessary, and reasonably appropriate and adapted”, for the purpose of “protecting the public from a terrorist act” or “preventing the provision of support for or the facilitation of a terrorist act”.
As to the first of these matters, on 8 July 2022 Mr Homewood pleaded guilty to charges of advocating a terrorist act or commission of a terrorism offence (s 80.2C(1) of the Code). There is no doubt that this was an offence relating to terrorism. The conduct constituting this offence occurred between March 2019 and November 2021.
As to the second matter, the following factors led me to conclude that the conditions of the ICO remained reasonably necessary and reasonably appropriate and adapted for the purposes referred to above.
(a)In addition to the conduct in respect of which he was convicted, the AFP identified Mr Homewood as having engaged in conduct between March 2015 and November 2021 that advocated terrorism, called for the stockpiling of ammunition and preparation for conflict and expressed nationalist or racist sentiments. Examples of this conduct appeared in Commander Gale’s March affidavit. In the ICO decision Perram J aptly described examples of Mr Homewood’s online posts as alarming.
(b)At the time of his arrest Mr Homewood was also in possession of a large amount of ammunition. At the same time he pleaded guilty to an offence under s 80.2C(1) of the Criminal Code, he also pleaded guilty to an offence related to the improper storage of this material contrary to the Firearms Act 1996 (NSW). He also possessed a copy of Mein Kampf and a printout of a United States Army handbook on “Improvised Munitions”.
(c)Mr Homewood was sentenced by the New South Wales Supreme Court to a sentence of imprisonment, from which he was released on 22 March 2024. That sentence indicates that his offending was far from trivial.
(d)It is difficult to discern from Mr Homewood’s online activity whether he was simply a “keyboard warrior” (at [6] of the ICO decision), who obtained gratification from expressing offensive notions in a relatively anonymous way, or a serious advocate and potential perpetrator of violence. In one sense, whether or not the perpetrator is serious or not does not matter when it comes to the expression online of views or asserted facts that “support” or “facilitate” terrorist acts. However, the items found in Mr Homewood’s possession, together with the persistence and virulence of his online activity, indicate the existence of at least some risk that he could commit a terrorist attack or support or facilitate the commission of such an act by others.
(e)Commander Gale’s March affidavit included extracts from threat assessments issued by the Director-General of Security. This material indicated a significant level of concern as to the threat posed by nationalist and racist violent extremism, including so-called “lone actors”, and a recent “uptick” in the number of “nationalist and racist violent extremists advocating sabotage”. This indicates that there is no shortage of malign influences ready to reinforce any extremist views that Mr Homewood still holds.
(f)Since his release from prison, Mr Homewood has been “case managed” by Community Corrections (which is an element of Corrective Services New South Wales). He has had weekly case management meetings with Community Corrections staff. They report that he has been compliant in attending these meetings but reluctant to engage beyond a minimum level. He has declined to engage with services that exist to assist radicalised offenders to move away from extremism. He also appears to be reluctant to engage in activities outside his home (other than going to the gym) and to lack motivation to obtain a degree in construction management even though he has completed all of the required study. At least in part, this resistance is attributed to entrenched attitudes and resentment towards the Government and services associated with it.
(g)This recent material is relevant in two ways.
(i)If Mr Homewood’s online posts prior to his arrest had been made only for his own gratification, it would be natural to expect him to seek to demonstrate that he has left behind that phase of his life in order to free himself from the burdensome restrictions of the ICO. This has not occurred. His recent behaviour provides a further indication that he was serious in the views and aspirations that he expressed prior to his arrest.
(ii)Mr Homewood appears to have engaged only minimally with services that would assist him to break away from extremist ideologies and from his previously expressed support for terrorist activity and continues to be antipathetic and resentful towards government. This suggests that his opinions have not shifted. It indicates that the level of risk that he poses to the safety of the community has not diminished.
For these reasons I made orders in the form proposed by Commander Gale.
I certify that the preceding twenty-two (22) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Kennett. Associate:
Dated: 4 October 2024
ANNEXURE
Condition 1 (electronic monitoring)
1.1.You are required to wear a monitoring device at all times for the duration of this confirmed control order once provided or fitted in accordance with Condition 1.2.
1.2.The monitoring device you are required to wear pursuant to Condition 1.1 is:
a.the monitoring device which is provided and/or fitted to you by a Police Officer within 24 hours of this interim control order coming into force; or
b.if a Police Officer provides and/or fits to you a different monitoring device for the purposes of this condition during the period in which this confirmed control order is in force – that monitoring device, as the case may be.
1.3.For the purposes of Condition 1.2.a. you are required to permit AFP members entry to the specified premises and access to your person within 24 hours of nominating the specified premises under Condition 2 at a time agreed with the AFP Superintendent, for the purposes of permitting officers to provide and/or fit you with a monitoring device.
1.4.For the avoidance of doubt, if a Police Officer provides and/or fits to you a monitoring device pursuant to Condition 1.2.b, you are no longer required to wear any other monitoring device previously provided and/or fitted to you pursuant to this confirmed control order.
1.5.You are required to do all of the following:
a.allow a Police Officer to enter the specified premises (being the premises specified in Condition 2.2) at any reasonable time for any purpose relating to the electronic monitoring of you;
b.allow a Police Officer to install, repair, service, replace or fit to you an electronic monitoring device or any related monitoring equipment;
c.all things reasonable to permit a Police Officer to provide you instructions on using and maintaining the monitoring device;
d.take reasonable steps to ensure that the monitoring device you are required to wear, and any equipment necessary for the operation of that monitoring device, are or remain in good working order;
e.follow any directions provided by the AFP Superintendent or Police Officer that are issued for the purpose of ensuring the operation and good working order of the monitoring device;
f.report to the AFP Superintendent or Police Officer at the specified premises or a location nominated by the AFP as may be required, at such reasonable times as are from time to time nominated by the AFP Superintendent for the purpose of permitting a Police Officer to inspect, service, modify, replace or repair the monitoring device you are required to wear or its charging unit;
g.if you become aware that the monitoring device you are required to wear, or any equipment necessary for the operation of that monitoring device, is not in good working order notify an AFP member as soon as practicable, but no later than 4 hours, after becoming so aware;
h.charge the monitoring device on a daily basis to ensure that the battery is charged at all times;
i.charge the monitoring device as soon as possible upon receiving notification from a Police Officer that the monitoring device has low charge;
j.allow the AFP Superintendent, a Police Officer or a corrective services officer to remove the monitoring device and any related monitoring equipment.
1.6.You must not:
a.remove, tamper with, damage or destroy any component of the monitoring device you are required to wear or any equipment necessary for the operation of that monitoring device;
b.attempt to do any of the things referred to in Condition 1.6.a;
c.allow any other person to do, or attempt to do, any of the things referred to in Condition 1.6.a;
1.7.Condition 1.6 does not apply:
a.to the extent the AFP Superintendent has authorised any of the things referred to in Condition 1.6.a to be done;
b.if you are required to undergo an emergency medical procedure that necessitates removal of the monitoring device;
c.in an emergency, if it is necessary to remove the monitoring device to avoid serious injury or death to yourself;
d.if you are incarcerated in a correctional facility or otherwise in the custody of law enforcement authorities and they require the monitoring device to be removed;
1.8.This order authorises one or more Police Officers who are authorised by the AFP Superintendent:
a.to enter the specified premises at any reasonable time for any purpose relating to the electronic monitoring of you;
b.to install, repair, service, replace or fit the monitoring device and any related electronic monitoring equipment;
c.to take reasonable steps to ensure that the device and any related monitoring equipment are or remain in good working order;
d.to remove the monitoring device that is fitted to you; and
e.to remove any electronic monitoring equipment from the specified premises.
f.to contact you on the Permitted Mobile Phone to ensure the monitoring device and any equipment necessary for the operation of the monitoring device are or remain in good working order.
Condition 2 (specified premise curfew)
2.1.You are required to remain at the specified premises between the hours of 12.00 am and 6.00 am (the Curfew Period) for the duration of this confirmed control order.
2.2.The specified premises is:
a.4 Ashburton Street, East Tamworth, New South Wales 2340; or
b.Any other premises nominated by you and approved in writing by the AFP Superintendent.
2.3.You must present and identify yourself at the specified premises during the Curfew Period upon request by a Police Officer.
Condition 3 (prohibited areas and places)
3.1.You are prohibited from being at any of the following areas:
a.within the exclusion zone at Masjid Mosque Tamworth at 120 Goonoo Goonoo Road, West Tamworth NSW 2340, as identified by the red box in Annexure 1;
b.within the exclusion zone at Tamworth Local Aboriginal Lands Council at 123 Marius Street, Tamworth NSW 2343, as identified by the red box in Annexure 2;
c.within 100 metres of any Australian mosque, temple, or synagogue, including associated clubs (with the exception of Masjid Mosque Tamworth, which is addressed in Condition 3.1.a), where people gather to worship;
d.within 1 km of any airport in NSW which has an international point of departure, or from which a person can board or charter a flight for an international destination unless:
e.you hold a valid ticket for intra-state travel, and
f.you have notified the AFP Superintendent in advance of any travel departing from Tamworth Regional Airport.
g.inside, or on the grounds of any prison or correctional facility unless you are incarcerated there;
h.at the residence of any person with whom, by reason of Condition 11, you are prohibited from communicating or associating;
i.any place in Australia outside the state of New South Wales;
j.any firing range or other place which sells or hires firearms or ammunition;
k.attending any premises of any person, organisation or entity (not being premises occupied by an Australian police service or members thereof) where firearms or ammunition are known or suspected to be kept or stored.
Condition 4 (international travel)
4.1.You are prohibited from leaving Australia.
Condition 5 (prohibited activities)
5.1.You are prohibited from carrying out the following activities (including in respect of your work or occupation), namely:
Groups
a.Forming, joining or affiliating with the following groups, clubs or organisations, or internet based social networking service:
i.National Socialist Network
ii.Lads society
iii.Antipodean Resistance
iv.Australian Defence League
v.The Base
vi.Sonnenkrieg Division
vii.United Patriots Front
viii.Reclaim Australia
ix.True Blue Crew
x.The Yellow Vest Australia
xi.Disqus
xii.BitChute
xiii.World Truth Video
b.Forming any corporation, partnership, incorporated association, registering any business names, or operating a business without first notifying the AFP Superintendent in writing.
Public Appearances, and Education
c.Presenting at, or appearing as a presenter or speaker at, or appearing on stage at, or providing public endorsement of any other presenter or speaker at, any public gathering that is publicly or privately broadcast via the internet or any telecommunications network, and/or attended by 5 or more people.
d.Making any public appearances or statement for publication in any form to any person, or cause any statement to be published by any person on your behalf, in relation to any of the following matters:
i.Carrying out, authorising or permitting violence;
ii.Activities of any terrorist organisation, within the meaning of s 102.1(1) of the Schedule to the Criminal Code Act 1995 (Cth) (the Criminal Code);
iii.The ideology of or any material published, produced or endorsed by any terrorist organisation or individual;
iv.Use of weapons, firearms, ammunition or explosives;
v.Manufacturing and procurement of weapons, firearms, ammunition or explosives
vi.Any of the matters set out in condition 6.1.a.
Activities Pertaining to Travel
e.Applying for travel documents for any country.
Activities Pertaining to Weapons and Firearms
f.Purchasing or manufacturing any firearms, firearms parts, weapons or ammunition.
g.Permitting storage or use of any firearms or ammunition at your place of residence or within the boundaries of the property.
h.Hunting or trapping any animal or game, or using any weapon in connection with hunting or related activities. This includes using spears and bows, fishing but does not include fishing with a net or line.
Condition 6 (prohibition on accessing documents)
6.1.You are prohibited (including in respect of your work or occupation) from: accessing, acquiring, copying, possessing or storing documents (including in electronic form) or electronic media, or attempting to access, acquire, copy, possess or store documents (including documents in electronic form) or electronic media, or directing any person to access, copy, possess or store documents (including documents in electronic form) or electronic media:
a.that instruct, counsel the carrying out, use of or making of, or are supportive of the carrying out, use of, or making of, or in that context describe:
i.a ‘prohibited weapon’ within the meaning of the Weapons Prohibition Act 1998 (NSW);
ii.anti-surveillance or counter surveillance;
iii.assassination;
iv.arson;
v.bombing;
vi.execution;
vii.explosives, explosive devices, initiation systems or firing devices;
viii.firearms, firearm parts or ammunition within the meaning of s 4 of the Firearms Act 1996 (NSW);
ix.genocide;
x.knives;
xi.massacre;
xii.mass shooting;
xiii.shooting;
xiv.terrorist attack;
xv.torture;
b.depicting or describing:
i.Propaganda and promotional material for a ‘terrorist organisation’ within the meaning of s 102.1(1) of the Criminal Code (including the National Socialist Order, The Sonnenkrieg Division and the Base);
ii.Activities of, or associated with, any ‘terrorist organisation’ within the meaning of s 102.1(1) of the Criminal Code (including the National Socialist Order, the Sonnenkrieg Division and the Base);
iii.Propaganda, promotional material, or activities of the National Socialist Network, Lads Society, Antipodean Resistance, the Australian Defence League, the United Patriots Front, Reclaim Australia, the True Blue Crew or The Yellow Vest Australia;
iv.Hitler’s ‘Mein Kampf’;
v.the ‘Replacement Theory’;
vi.Brenton Tarrant’s manifesto, ‘The Great Replacement’;
vii.the ‘Coudenhove-Kalergi Conspiracy plan’;
viii.violence towards people or groups based on their religion, ethnicity or culture;
ix.revolutions, insurrections, rebellions, revolts, uprisings, insurgency, or the violent overthrowing of a government, monarchy or regime; or
x.the formation of paramilitary groups and activities of, or associated with, such groups.
6.2.Condition 6.1 does not apply where the document (including documents in electronic form) or electronic media is:
a.Published by a ‘constituent body’ of the Australian Press Council;
b.Published by Al Jazeera, the British Broadcasting Corporation (BBC), CNN, or the Guardian;
c.Broadcast on Australian free to air television;
d.Broadcast on Australian pay television;
e.Shown in a commercial movie cinema;
f.Broadcast on any Australian commercially available streaming service, including: Netflix; Stan; Amazon Prime; ABC iView; Disney + or SBS on demand; or
g.Contained in material that is served on you or your legal representative in relation to any legal proceeding before an Australian court to which you are a party, provided that it is accessed, acquired, possessed or stored by you only for a purpose connected with the conduct of those proceedings and not otherwise (Court Material).
Condition 7 (prohibition on distributing documents)
7.1.You are prohibited (including in respect of your work or occupation) from: collating editing, producing or distributing documents (including documents in electronic form) or electronic media, or directing any person to produce or distribute documents (including documents in electronic form) depicting or describing any of the following:
a.a ‘prohibited weapon’ within the meaning of the Weapons Prohibition Act 1998 (NSW);
b.anti-surveillance or counter surveillance;
c.arson;
d.assassination;
e.bombing;
f.execution;
g.explosives, explosive devices, initiation systems or firing devices;
h.firearms, firearm parts or ammunition within the meaning of s 4 of the Firearms Act 1996 (NSW);
i.genocide;
j.knives;
k.massacre;
l.mass shooting;
m.shooting;
n.terrorist attack;
o.torture;
p.Propaganda and promotional material for a ‘terrorist organisation’ within the meaning of s 102.1(1) of the Criminal Code (including the National Socialist Order, The Sonnenkrieg Division and the Base);
q.Activities of, or associated with, any ‘terrorist organisation’ within the meaning of s 102.1(1) of the Criminal Code (including the National Socialist Order, the Sonnenkrieg Division and the Base);
r.Propaganda, promotional material, or activities of the National Socialist Network, Lads society, Antipodean Resistance, the Australian Defence League, the United Patriots Front, Reclaim Australia, the True Blue Crew or The Yellow Vest Australia;
s.Hitler’s ‘Mein Kampf’;
t.the ‘Replacement Theory’;
u.Brenton Tarrant’s manifesto, ‘The Great Replacement’;
v.the ‘Coudenhove-Kalergi Conspiracy plan’;
w.violence towards people or groups based on their religion, ethnicity or culture;
x.revolutions, insurrections, rebellions, revolts, uprisings, insurgency, or the violent overthrowing of a government, monarchy or regime; or
y.the formation of paramilitary groups and activities of, or associated with, such groups.
7.2.Condition 7.1 does not prohibit you from distributing, or directing a person to distribute, Court Material for a purpose connected with the conduct of proceedings.
Condition 8 (vehicles)
8.1.You are prohibited from carrying out the following specified activities (including in respect of your work or occupation), namely: renting, purchasing, or driving any vehicle which exceeds a gross vehicle mass of 4.5 tonne unless that vehicle, or machinery is operated:
a.for the purpose of farming or agricultural work; and
b.at 21 Terry Street Tamworth NSW 2340 (the Farm Premises).
Condition 9 (education and employment)
9.1.You are prohibited from commencing employment or undertaking paid work without first notifying the AFP Superintendent in writing.
9.2.In notifying the AFP Superintendent, you must submit a written notice to the AFP Superintendent which includes information about the proposed work, including details of the person for whom you will be undertaking the work (e.g. the employer), including their name and place of business, and the nature of the work that will be undertaken.
Condition 10 (prohibited items)
10.1.You are prohibited from possessing or using, or causing any person to act on your behalf to possess or use, any of these specified articles or substances, namely:
a.firearms, a firearm part, or ammunition within the meaning of section 4 of the Firearms Act 1996 (NSW);
b.a ‘prohibited weapon’ within the meaning of the Weapons Prohibition Act 1998 (NSW) legislation;
c.a bow or bow and arrow combination;
d.any quantity of any petroleum which is not consistent with;
i.reasonable domestic use; or
ii.reasonable agricultural or farming use within the confines of boundaries of the Farm Premises.
e.any quantity of any chemical which is not consistent with:
i.reasonable domestic use; or
ii.reasonable agricultural or farming use within the confines of boundaries of the Farm Premises.
f.an article or device, not being a firearm, capable of propelling by any means:
i.any irritant matter, not consistent with reasonable domestic, personal or work-related use in liquid, powder, gas, chemical form or any dense smoke; or
ii.any substance not consistent with reasonable domestic, personal or work-related use, capable of causing bodily harm.
g.a detonator;
h.a fuse capable of use with an explosive or a detonator;
i.a knife, in a public place, without reasonable excuse;
j.anything intended, by the person having custody of the thing, to be used to injure or menace a person or damage property.
Condition 11 (prohibited communications and associations)
11.1.You are prohibited from communicating or associating with, or attempting to communicate or associate with, directly or indirectly through a third party:
a.any person incarcerated in any correctional facility unless you yourself are incarcerated in that correctional facility;
b.any person reasonably known by you to be on parole or on bail, or in the community subject to a control order made under Division 104 of the Criminal Code or an interim or extended supervision order made under the Terrorism (High Risk Offenders) Act 2017 (NSW) or Division 105A of the Criminal Code;
c.any person known to you to be convicted of, or currently charged with a ‘terrorism offence’ within the meaning of section 3(1) of the Crimes Act 1914 (Cth);
d.any person known to you to be convicted of, or currently charged with:
i.urging violence against groups contrary to s 80.2A of the Criminal Code
ii.urging violence against members of groups contrary to s 80.2B of the Criminal Code
iii.advocating terrorism contrary to section 80.2C of the Criminal Code
e.any person, group, club or organisation, including any internet based social networking service affiliated with:
i.National Socialist Network
ii.Lads society
iii.Antipodean Resistance
iv.Australian Defence League
v.The Base
vi.Sonnenkrieg Division
vii.United Patriots Front
viii.Reclaim Australia
ix.True Blue Crew
x.The Yellow Vest Australia
f.any person as determined by the AFP Superintendent and who is notified to you in writing.
Condition 12 (mobile phone)
12.1.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 (Permitted Mobile Phone) for your use at any one time, and your use of such a Permitted Mobile Phone is subject to the following conditions:
a.prior to using a Permitted Mobile Phone the AFP Superintendent will provide you with the following information in writing: the International Mobile Equipment Identity number for a Permitted Mobile Phone, the Integrated Circuit Card Identifier for the SIM card you will use with a Permitted Mobile Phone, the telecommunication service provider which you will use for/with a Permitted Mobile Phone, the password for a Permitted Mobile Phone and the phone number to which a Permitted Mobile Phone will be connected;
b.You must have the Permitted Mobile Phone in your possession at all times;
c.You must keep the Permitted Mobile Phone charged;
d.You must answer any call that you receive from the AFP Superintendent on the permitted mobile phone, or as soon as reasonably practicable return such a call that you were unable to answer;
e.You must comply with any specified direction given by the AFP Superintendent in relation to Conditions 12.1.b and 12.1.d;
f.You must not tamper with, damage or destroy any component of a Permitted Mobile Phone or any equipment necessary for the operation of a Permitted Mobile Phone, or cause or permit another person to do any of those things;
g.At any time, a Police Officer requests, you must present the Permitted Mobile Phone and SIM card for inspection, repair, service or replacement as required;
h.You must not change, remove, modify or disconnect or cause any other person to change, remove modify or disconnect on your behalf (including any employee or person acting on behalf of a telecommunications service provider) the SIM card, telecommunication service provider or phone number connected to a Permitted Mobile Phone;
i.If you change a password for a Permitted Mobile Phone, you must immediately and prior to continuing to use the Permitted Mobile Phone, provide the new password to the AFP Superintendent, or Police Officer acting under the AFP Superintendent’s direction; and
j.If 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, you must notify an AFP member as a soon as practicable, but no later than twelve hours after becoming so aware.
12.2.Condition 12.1 does not apply if your use of another mobile telephone device is solely for the purpose of notifying an AFP member of a fault or damage to a Permitted Mobile Phone and where the permitted phone is incapable of making the call.
12.3.You are prohibited from causing or permitting another person to use or access a Permitted Mobile Phone unless it is being used in an emergency, provided you contact the AFP Superintendent as soon as possible after accessing or using the Permitted Mobile Phone during the emergency and provide:
a.The name of the person who used the Permitted Mobile Phone;
i.The date, time and phone number called by that person; and
b.An explanation of the nature of the emergency which required you to cause or permit another person to use or access the Permitted Mobile Phone.
12.4.You are prohibited from causing or permitting another person to use or access any mobile telephone device on your behalf in circumvention of these conditions.
12.5.Condition 12.4 does not apply in the case of an emergency where the use of, or access to, to a mobile telephone device is solely for the purposes of calling police, ambulance, NSW Fire and Rescue, or the State Emergency Services (SES).
Condition 13 (fixed telephone or landline services)
13.1.You are prohibited from accessing or using any fixed or landline telephone or facsimile service other than one service that has been approved in writing by the AFP Superintendent for you to access or use.
13.2.To seek approval, you must:
a.submit a written request to the AFP Superintendent nominating the fixed or landline telephone or facsimile service you wish to use; and
b.provide any other information requested by or on behalf of the AFP Superintendent for the purpose of identifying the nominated fixed or landline telephone or facsimile service.
13.3.You are prohibited from permitting or causing another person to use or access any fixed or landline telephone or facsimile on your behalf, or from using any telephone service other than a service approved for use under Condition 13.1, except in the case of an emergency where the use of or access is solely for the purpose of calling Police, Ambulance, NSW Fire and Rescue or the State Emergency Service (SES) in which case you are required to contact the AFP Superintendent as soon as is reasonably practicable after accessing or using such a fixed or landline telephone or facsimile service and:
a.Provide sufficient detail to the AFP Superintendent to identify the fixed landline telephone or facsimile service that you accessed or used, the date, time and phone number called; and
b.Explain the nature of the emergency which required you to access or use, or cause another person to access or use on your behalf, that fixed or landline telephone or facsimile.
Condition 14 (public telephone)
14.1.You are prohibited from accessing or using, or causing any person to access or use on your behalf, any public telephone except in the case of an emergency, provided that you contact the AFP Superintendent as soon as possible after accessing or using such a public telephone and:
a.provide sufficient detail to the AFP Superintendent to identify the public telephone that you accessed or used, the date, time and phone number called; and
b.you explain the nature of the emergency which required you to access or use, or cause another person to access or use on your behalf, that public telephone.
Condition 15 (satellite telephone / radio)
15.1.You are prohibited from accessing or using, or causing any person to access or use on your behalf, any satellite telephone service or UHF/VHF radio.
15.2.Condition 15.1 does not apply where a UHF/VHF radio is operated:
a.For the purpose of farming or agricultural work; and
b.At the Farm Premises, located at 21 Terry Street Tamworth NSW 2340.
Condition 16 (electronic programs and platforms)
16.1.You are prohibited from accessing, installing or using, or permitting any person to access or use any of the following programs or applications (collectively, platforms) on your behalf, unless:
a.the platform has been installed to your Permitted Mobile Phone at the time it is first provided to you, and you use the platform on the Permitted Mobile Phone only;
b.you first obtain permission from the AFP Superintendent to install and use the platform on your Permitted Mobile Phone, computer or tablet device. Permission may be granted subject to conditions and may be amended or revoked by the AFP Superintendent. Any conditions, amended conditions or revocation must be in writing; or
c.the platform is:
i.YouTube
ii.Gmail
iii.Google Chrome
iv.Google Play Store
v.a commercially available streaming service
vi.BBC News
vii.Maps
viii.Google Maps
ix.Microsoft Office
x.Safari
xi.Calendar
xii.Calculator
xiii.PDF readers
16.2.In addition to the platforms referred to in Condition 16.1, you must not access or use, or cause any person to access or use on your behalf without the written approval of the AFP Superintendent to use that platform:
a.Any applications programs that can be used for communication, including social media services and applications;
b.any Voice Over Internet Protocol (VOIP) service, or audio-visual, voice/and multimedia session over internet protocol networks, including any software, mobile application or hardware;
c.any internet-based messaging service;
d.any gaming applications or software that connects to other users or servers, via the internet or Local Area Network (LAN)
e.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 services;
f.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, services or software. This includes, but is not limited to, the use of incognito or hidden modes also called IP telephony, internet telephony or broadband telephony broadband service including accessing the internet using a private browser or private browsing function (such as ‘incognito’ or ‘hidden’ mode).
16.3.To seek approval you must submit a written request to the AFP Superintendent who nominates the platform.
16.4.Permission to use the nominated platform may be granted, subject to conditions and may be amended or revoked by the AFP Superintendent. Any conditions, amended conditions or revocation must be in writing.
16.5.You are prohibited from deliberately deleting any platforms or data (including, but not limited to, messages, call logs, emails, and internet history) stored on or accessible from any device, or partitioning any drive.
16.6.Conditions 16.1 and 16.2 do not prohibit you from accessing or using any platform, VOIP or website for the purpose of participating in any proceeding in an Australian Court to which you are a party or witness.
16.7.Condition 16.1 does not prohibit access to a website where the contents of a platform listed in Condition 16.1 are embedded within the website. However, you are not permitted to access the platform via the embedded content. This condition is subject to all other conditions.
16.8.Conditions 16.1 and 16.2 do not prohibit access to or the use of 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.
16.9.You are prohibited from accessing or using, or causing any person to access or use on your behalf, any websites, applications, computer programs, social media services, internet based messaging service, email service, cloud or remote storage service, file sharing service, virtualisation software, encrypted storage services or applications, any application designed to, or which purports to, disguise or conceal any function of any application, and any Voice over Internet Protocol Service using an account belonging or registered to an alias or to another person.
Condition 17 (internet services)
17.1.You are prohibited from accessing or using any internet service other than
a.a service that has been approved in writing by the AFP Superintendent for you to access or use;
b.a television connected to an internet service at the specified premises, subject to all of the existing conditions.
(the Permitted Internet Service).
17.2.To seek approval:
a.you must submit a written request to the AFP Superintendent which:
i.nominates the internet service provider account; and
ii.nominates the device (or devices, as the case may be) you will connect to the internet service (including but not limited to computers and televisions);
iii.provides any other information requested by, or on behalf of, the AFP Superintendent, in relation to, or for the purpose of identifying, the nominated account and devices.
17.3.You are prohibited from causing any other person to access or use on your behalf any other internet service.
17.4.However, Condition 17.1 and 17.2 do not prohibit access to or the use of:
a.an Automated Teller Machine,
b.a computer or tablet device, connected to an internet service, owned by a business or government agency which is made available for your use to facilitate contact tracing, the ordering or sale of food or consumer products or the provision of a service.
Condition 18 (email)
18.1.You are prohibited from accessing or using any electronic mail (Email) account other than an account that has been provided for you by the AFP Superintendent for you to access and use (the Permitted Email Account).
18.2.To seek a Permitted Email Account:
a.you must submit a written request to the AFP Superintendent; and
b.provide any other information requested by, or on behalf of, the AFP Superintendent.
18.3.You are prohibited from causing or permitting another person to use or access the Permitted Email Account.
18.4.You are prohibited from causing any other person to access, or use on your behalf, any email account.
Condition 19 (computers, tablets and other devices)
19.1.You are prohibited from accessing or using any computer or tablet other than:
a.a single computer or tablet device provided by the AFP (the Permitted Computer or Tablet Device) for you to use or access at any one time; and
b.Computers or tablet devices comprising machines publicly available for self-service use (self-service machines), including but not limited to a self-service checkout in a supermarket/store, an automated teller machine (ATM), a global positioning system (GPS) device and self-service ordering kiosks in fast food restaurants, provided that your access and use of any such self-service machine is limited to the machine’s intended use and does not involve using it to browse the internet or send electronic messages unrelated to the business to which it relates.
19.2.Your use of the Permitted Computer or Tablet Device is subject to the following conditions:
a.before using the Permitted Computer or Tablet Device, you must provide the password for the Permitted Computer or Tablet Device to the AFP Superintendent;
b.if you change the password for the Permitted Computer or Tablet Device, you must immediately and prior to continuing to use the Permitted Computer or Tablet Device, provide the new password to the AFP Superintendent, or police officer acting under the AFP Superintendent’s direction.
c.you are prohibited from deleting any platforms, programs, software or data (including, but not limited to, software programs, emails and internet history) stored on or accessible from the Permitted Computer or Tablet Device, or partitioning any drive. You are also prohibited from utilising encryption, obfuscation or encryption services to prevent examination of data and where applicable are required to provide any password/s or access to data to facilitate the examination of the Permitted Computer or Tablet Device;
d.you must not tamper with, damage or destroy any component of a Permitted Computer or Tablet Device or any equipment necessary for the operation of a Permitted Computer or Tablet Device, or cause or permit another person to do so;
e.At any time the AFP Superintendent or Police Officer requests, you must present the Permitted Computer or Tablet Device for inspection and open any application the AFP Superintendent or police officer directs you to open;
f.If you become aware that the Permitted Computer or Tablet Device, or any equipment necessary for the operation of the Permitted Computer or Tablet Device, is not in good working order, you must notify an AFP member as soon as practicable, but no later than twelve hours after becoming so aware.
19.3.You are prohibited from causing or permitting another person to access or use a Permitted Computer or Tablet Device.
19.4.You are prohibited from accessing or using gaming consoles (such as a PlayStation, Xbox or Nintendo device) that can connect to other users or servers via the internet or Local Area Network (LAN).
Condition 20 (case management)
20.1.You must report to the Case Manager (as defined in Interpretation Below):
a.in person at a specified location;
b.by telephone; or
c.by audio visual link.
20.2.You must participate in any assessment or review of your case plan by the Case Manager.
Condition 21 (mental health assessment and treatment)
21.1.If directed by the Case Manager you must schedule an assessment with a psychologist registered with the Australian Health Practitioner Regulation Agency, to determine whether you are suitable for further psychological treatment.
21.2.You must undergo any psychological treatment that is recommended by the psychologist under Condition 21.1.
21.3.If directed by the Case Manager, you must schedule an assessment with a psychiatrist registered with the Australian Health Practitioner Regulation Agency, to determine whether you are suitable for psychiatric treatment.
21.4.In the event that the psychiatrist determines that you are suitable for psychiatric treatment, you must undergo any reasonable treatment that is recommended by that psychiatrist under Condition 21.3.
21.5.You must undergo any assessment under Conditions 21.1 and 21.3. at the date, time and location that you have booked, unless you have a reasonable excuse.
21.6.You must not fail to attend three or more psychological or psychiatric treatment appointments in a row, unless you have reasonable excuse.
21.7.The cost of all psychological and psychiatric assessments and treatments required under this condition is to be paid for by the Commonwealth.
Condition 22 (disengagement program)
22.1.You must attend any disengagement, support, rehabilitation programs or services, as directed by the AFP Superintendent or Case Manager.
22.2.You must comply with any reasonable direction (as defined in Interpretation below) given to you by the AFP Superintendent or Case Manager in relation to Condition 22.1.
Exemption
23.1.You may request the AFP Superintendent approve an exemption to the requirements or prohibitions (as the case may be) specified in Conditions aforementioned.
23.2.To request an exemption, you must:
a.submit a written request to the AFP Superintendent which:
i.identifies the Condition in respect of which you seek an exemption;
ii.explains the extent to which you seek to be exempted from the Condition; and
iii.explains your reason(s) for seeking the exemption; and
b.provide any other information requested by, or on behalf of, the AFP Superintendent, for the purposes of determining whether to approve the exemption.
23.3.The AFP Superintendent may grant an exemption subject to conditions specified in writing.
23.4.You must comply with all of the conditions 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.
23.5.A request for an exemption must be made before the material time and date.
23.6.If the AFP Superintendent has not approved an exemption by the material time and date, the request is deemed to have been refused.
Exemptions granted by the AFP without a request from you
23.7.The AFP Superintendent may grant an exemption, initiated by the AFP, to any or all requirements or prohibitions specified in the Conditions at any time.
23.8.The AFP Superintendent may grant an exemption subject to conditions specified in writing provided on reasonable notice to you.
23.9.You must comply with all of the conditions 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.
Interpretation
In this Confirmed Control Order:
24.1.AFP Member means a ‘member’ or ‘special member’ of the Australian Federal Police, as defined by the Australian Federal Police Act 1979 (Cth)
24.2.AFP Superintendent means a member of the Australian Federal Police performing the duties of a Superintendent within the Counter Terrorism portfolio, and includes any AFP member or special member authorised to perform duties or functions or otherwise act on behalf of a Superintendent within the Counter Terrorism portfolio in connection with this control order.
24.3.Case Manager means the Commonwealth or New South Wales State Government employee whose contact details are provided to you at the time of interim control order coming into force.
24.4.Electronic media includes, but is not limited to, video and audio recordings, pictures, photographs and infographics, computer games, video games and gaming applications, online articles, presentations and social media ‘posts.’
24.5.Distributing documents (including documents in electronic form) or electronic media includes, but is not limited to, the distribution of documents (including documents in electronic form) or electronic media via an electronic link to that material.
24.6.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 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 you to 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 at that place.
24.7.Password includes but is not limited to any passcode, swipe pattern or any information or function necessary to facilitate access to the applicable device.
24.8.Police Officer means:
a.a ‘member’ or ‘special member’ of the Australian Federal Police, as defined by the Australian Federal Police Act 1979 (Cth); or
b.a ‘police officer’ within the meaning of the Police Act 1990 (NSW).
24.9.Reasonable direction means a direction that the AFP Superintendent giving the direction is satisfied is reasonable in all the circumstances to give effect to:
a.the condition; or
b.the object of Division 104 of the Criminal Code.
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