Facts:

On 27 August 2006, an interim control order under the Criminal Code was made against the plaintiff Mr T who admitted that he trained with Al Qa'ida in 2001. Al Qa'ida had been listed as a terrorist organisation. Mr T also admitted that while at the Al Qa'ida training camp he undertook weapons training, including the use of explosives and learned how to assemble and shoot various automatic weapons.There are good reasons to believe given that T has received training with Al Qa'ida he is now an available resource that can be tapped into to commit terrorist acts on behalf of Al Qa'ida or related terrorist cells. Training has provided T with the capability to execute or assist with the execution directly or indirectly of any terrorist acts.

Main Issue:

The validity of the provision of the Criminal Code which allowed for the imposition of "interim control orders".