ABSTRACT
This chapter examines the diverging evolution of the Control orders (CO) schemes in both jurisdictions. Control orders (COs) were designed to prevent anticipated future offending rather than punish past offences by imposing various prohibitions, obligations and restrictions on individuals suspected of posing a terrorist threat. The British CO scheme was eventually replaced with Terrorism Prevention and Investigation Measures (TPIMs) in 2012. By comparing the rationale behind Australia's original two COs with the most recent cases, this chapter considers both the necessity and the likely impact of the recent amendments to the Australian CO scheme. Finally, it makes the case that the changes to the scheme have widened the net of state control, shifting from a reactively preventive application of COs towards a more precautionary approach, characterised by increased reliance on intelligence rather than evidence. The chapter examines whether the recent amendments were cited in the grounds for issuance of the most recent CO cases in Australia.
