A Melbourne teenager accused of collecting antisemitic and Islamic State material as well as researching synagogues remains in custody.
Children’s Court president Judge Jack Vandersteen granted the 18-year-old bail on Thursday after a three-day hearing.
Commonwealth prosecutors immediately requested a stay, blocking his release while they pursue an appeal in the Victorian Supreme Court.
The teenager cannot be identified because he was 17 at the time of the alleged offences.
Police allege his electronic devices contained antisemitic material, Islamic State propaganda, bomb-making videos, explosives manuals and information about train derailments.
His online activity allegedly included searches for synagogues, Melbourne’s busiest intersection, terrorist attacks and instructions for making explosives. Police allege some of the activity, conducted over a three-year period, was concealed using an encrypted browser.
Victorian Joint Counter Terrorism Team investigators found no weapons, explosives, precursor chemicals or bomb-making equipment when they searched his parents’ home.
The investigation began after Australian Border Force intercepted an Islamic State flag allegedly imported from China on March 13. Australian Federal Police subsequently searched the family home and seized the teenager’s phone and laptop.
He has been charged with collecting or making documents likely to facilitate a terrorist act and importing a prohibited item. Police are considering further charges.
The documents charge carries a maximum penalty of 15 years’ imprisonment. The allegations have not been tested in court.
Police opposed bail, arguing the teenager may have been self-radicalising and could pose a lone-actor risk. Judge Vandersteen accepted the concerns were serious but found they could be managed through stringent bail conditions.
A psychiatrist diagnosed the teenager with autism spectrum disorder and said his behaviour may have reflected an intense fixation on Islamic State material.
The court heard there was no evidence he had planned violence, obtained the means to carry out an attack or concluded that violence was necessary.
The psychiatric assessment described his behaviour as concerning but found no indication of imminent violence or progression beyond research.
Judge Vandersteen also considered the teenager’s age, family support, time in custody and desire to complete Year 12.
In a letter to the court, the teenager accepted responsibility for his behaviour, acknowledged making serious mistakes and expressed regret.
If released, he would be subject to electronic monitoring, an 8pm-to-7am curfew and a requirement to report to police three times a week. He would also have to surrender his passport, remain in Victoria and stay at least 100 metres from Jewish places of worship.
Under the proposed bail arrangements, he would complete Year 12 remotely under supervision.
Judge Vandersteen criticised prosecutors for contacting the Supreme Court about a possible appeal before he delivered his ruling, describing the move as inappropriate.
The teenager is due to return to the Children’s Court on July 24 for a bail review and committal mention.