Summary
On 5 February 2021, shortly after his release under the first control order, Radwan Dakkak was charged with contravening it. He searched for, accessed, viewed and downloaded online extremist materials in breach. He was convicted on 11 April 2022 and sentenced to imprisonment ending 15 September 2022.
On 9 September 2022, shortly before his second release, the Federal Court made a second interim control order. On 9 December 2022, Justice Wigney confirmed it with a slight variation. Dakkak did not oppose confirmation but proposed modifications to one condition regarding access to books purchased from Australian retailers.
Key Facts
The Court was satisfied all statutory requirements had been met. Dakkak had been convicted of an offence relating to terrorism. Each restriction was reasonably necessary to protect the public from a terrorist act and prevent the provision of support for or facilitation of a terrorist act.
Dakkak's only objection concerned Control Order 6, which prohibited him from accessing material relating to terrorism, explosives, firearms, or terrorist organisations. He claimed the condition was too broad and restrictive, particularly as it impacted his faith practice. When he sought an exemption from the AFP to access a religious book, it took over a month for approval. Dakkak proposed that the control prohibit only material that "predominantly" addressed prohibited topics and that "Australian bookstores" be added to the list of exemptions.
The AFP proposed variations to address some concerns. Dakkak could purchase books from Australian retailers provided he notified the AFP Superintendent of the title within 24 hours of purchase. If he became aware the book contained prohibited material, he was required to notify the AFP within two hours and identify the relevant sections within 24 hours. The AFP could then notify him if the exception ceased to apply.
Orders / Outcome
The Court confirmed the control order made on 13 September 2022, to remain in force until 13 September 2023. The order was varied to include new provisions regarding books purchased from Australian retailers. Control 6.2 provided an exception for material in books purchased from Australian retailers, subject to notification requirements. Control 6.3 required notification if prohibited material was discovered (two hours to notify, 24 hours to identify sections). Control 6.4 allowed the AFP to revoke the exception for specific books with notice.
The confirmed order maintained the same prohibited contact list as the first order: Isaac El Matari, Hozan Alou, Abdullah Azari, Adnan Elkassir, Wisam Haddad, Sheikh Hassan Hussein, Ahmad Tebya, Mohammad Junaid Thorne, Joseph Saadieh, Seeyar Siddiqi, and Youssef Uweinat. All other conditions remained substantially the same—curfew, reporting requirements, exclusion zones, prohibitions on weapons, vehicles over 4.5 tonnes, social media platforms, and restrictions on technology use.
Related Profiles
- Radwan Dakkak — respondent
- Isaac El Matari — prohibited contact
- Wissam Haddad — prohibited contact
- Youssef Uweinat — prohibited contact
- Joseph Saadieh — prohibited contact