AFP assistant commissioner sought control orders against Sydney men | Australia news | The GuardianAFP assistant commissioner sought control orders against Sydney men | Australia news | The Guardian










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Australian security and counter-terrorism



AFP assistant commissioner sought control orders against Sydney men









First time the extraordinary powers have been used since federal government passed a series of national security amendments














Court listings reveal that Assistant Commissioner Neil Gaughan sought the orders against the two men in the federal circuit court. Photograph: Julian Smith/AAP




Paul Farrell






@FarrellPF





Tuesday 23 December 2014 18.45 EST







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An assistant commissioner of the Australian federal police personally sought control orders that were issued against two Sydney men.
On Friday the men were issued with interim control orders, the first time the extraordinary powers have been used since the government succeeded in passing a series of a national security amendments that lower the thresholds for applying for and granting the orders.
A man was arrested in Sydney on Tuesday and charged with breaching a control order.
Control orders allow serious restrictions to be placed on a person’s movements and associations, without requiring a criminal conviction. The government’s former national security legislation monitor Bret Walker has previously described them as “unnecessary”, given the broad powers already available to police.
A spokesman for the Australian federal police said: “The AFP can confirm that control orders issued under the Criminal Code Act 1995 have been issued and served on two men in Sydney.”
Court listings reveal that Assistant Commissioner Neil Gaughan sought the orders against the men in the federal circuit court.
Judge Robert Cameron granted interim control orders against the men, which came into effect when they were served during raids and searches on Friday. A subsequent hearing will now be set down to determine whether the orders should be turned into “confirmed control orders”, which would extend their use for a longer period.
The two men will have the opportunity to make submissions in the hearings and it is possible some of the proceedings will be public. The hearings will be the first time there has been litigation surrounding control orders in several years. 
The only other two orders issued were made against Jack Thomas in 2006 and David Hicks in 2007. Thomas’s case resulted in a landmark high court decision in which the court found that control orders were constitutionally valid.



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