R v Khazaal

The High Court of Australia considered an appeal by the Commonwealth of Australia against a decision of the Federal Court of Australia concerning the validity of a notice issued under s 15 of the *Australian Security Intelligence Organisation Act 1979* (Cth) (the ASIO Act). The notice required Mr Khazaal to attend a questioning warrant interview. The dispute centred on whether the notice was validly issued, given that Mr Khazaal was not a suspect in any criminal investigation.

The primary legal issue before the High Court was whether the ASIO Act permitted the Director-General of Security to issue a questioning warrant notice to a person who was not suspected of being a person who had obtained or was obtaining information relevant to a threat to security, but rather was suspected of being a person who might be able to obtain such information. This involved an interpretation of the phrase "person who has obtained or is obtaining information" within s 15(1)(b) of the ASIO Act.

Gummow J, delivering the judgment of the Court, reasoned that the language of s 15(1)(b) required a direct connection between the person and the information itself, meaning the person must have already obtained or be in the process of obtaining the information. The provision did not extend to individuals who might, in the future, be able to obtain such information. His Honour concluded that the notice issued to Mr Khazaal was therefore invalid as it was based on a misinterpretation of the statutory power. The appeal was dismissed.