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The Guardian - AU
The Guardian - AU
National
Paul Farrell

AFP drops control orders placed on two Sydney men in 2014

The control orders dropped by the Australian federal police were the first sought in more than eight years and were initiated in December 2014.
The control orders dropped by the Australian federal police were the first sought in more than eight years and were initiated in December 2014. Photograph: Scott Barbour/Getty Images

The Australian federal police has agreed to drop controversial control orders that placed heavy restrictions on two Sydney men.

Shortly before Christmas the federal circuit court judge Robert Cameron issued an order stating the control order proceedings had been discontinued by consent.

Control orders can be used to restrict who a person can talk to, the use of mobile phones and access to computers, and they can impose daily curfews without requiring a criminal conviction.

The orders that the AFP has dropped were the first sought in more than eight years and were initiated in December 2014.

Cameron’s orders said: “The court notes that the period during which the control orders, if confirmed, would have been in force has lapsed. Accordingly, no further proceedings will be taken by the applicant with respect to the application.”

One of the men who was subject to the order was already in custody; he had been charged with allegedly breaching the order shortly after he was placed on it.

Guardian Australia is unable to disclose the identities of the two men, or the reasons for the decision to drop the orders, because of non-publication orders still in place. The particular scope of these two orders were never publicly disclosed by the court.

The federal government is seeking to further expand the way control orders can be applied. A new bill before parliament would lower the age a person could be placed on an order to 14. It would also enhance the secrecy surrounding the orders.

In December a separate control order case was finalised for Ahmad Saiyer Naizmand, resulting in the confirmation of the order on a more permanent basis.

The only control order proceedings that are still active relate to Harun Causevic, who was accused of planning a bombing on Anzac Day, but later had all terrorism charges against him dropped.

A hearing is set down in February to determine whether the order is valid.

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