CCPR/C/115/D/2005/2010 (g) Claims under articles 12, 14, 17, 19 and 22 regarding the imposition of a control order State party’s observations 121. Regarding the author’s claims that the control order proceedings were unfair, Australia refers to the author’s contention that the reliance on the civil standard of proof (balance of probabilities) in imposing the control order was inappropriate given the seriousness of the restrictions imposed and, as such, was in breach of article 14 (1) of the Covenant. The control order regime is directed at protecting national security and public order by reducing the risk of terrorist acts. The regime recognizes the principle of proportionality by requiring the court to be satisfied that restrictions are reasonably necessary, appropriate and adapted, for the purpose of protecting the public. 122. The author contends that he was unable to test fully the evidence brought by the authorities and upon which the order was issued because of restrictions on his access to it. However, that argument lacks merit. The author cites provisions of the Criminal Code, according to which information does not have to be included in certain documents, such as documents to be served on the person in relation to whom the control order is sought, if disclosure of the information would be likely to prejudice national security within the meaning of the National Security Information (Criminal and Civil Proceedings) Act. However, the author does not explain how those provisions were applied in his case. Furthermore, the Australian Federal Police did not rely on those provisions to exclude information from documents that it was otherwise required to provide to the author. 123. The author makes other assertions concerning the operation of elements of the National Security Information Act, but does not specify how those elements were applied in his case. The judgements of the Federal Magistrate make no reference to the Act having been invoked in the matter. The evidence submitted by the Australian Federal Police was available to the author, whose counsel cross-examined the applicant for the control order, a senior member of the Australian Federal Police. The author was invited to present evidence on his own behalf, but did not do so. The judgements contain no reference to the author claiming that his ability to submit evidence had been compromised by the Act. Those points, taken together, demonstrate that the author failed to substantiate the merits of his claim. Thus, Australia submits that the Act and related provisions of the Criminal Code did not violate the rights guaranteed under article 14 (1). 124. The author does not substantiate his contention that the Federal Magistrate’s evaluation of the evidence presented by the Australian Federal Police was capricious or unreasonable. The Magistrate subjected that evidence to scrutiny and provided a reasoned explanation of why the evidence taken as a whole provided a sufficient basis for the court to be satisfied that the issuance of the control order would assist in preventing a terrorist act. Moreover, the Magistrate reduced the reporting requirement for the author from the three times per week sought by the Australian Federal Police to twice per week. The Magistrate further underlined that the author had not submitted evidence of, inter alia, “his current views and beliefs” or “an explanation of the documents relied upon by the Applicant”. Furthermore, it is indicated in the judgement that the author was given additional time to present evidence, but that the offer was not taken up. Finally, the author could have sought to appeal the judgement confirming the control order, but did not do so. Australia concludes that the fair hearing ground of the claim under articles 12, 14, 17, 19 and 22 has not been substantiated on the merits. 125. Regarding the necessity ground, Australia submits the following arguments. First, the necessity ground, to the extent that it rests on the contention that the author’s right to a fair hearing was violated, has not been substantiated on the merits. 37