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HomeAUCourt Overturns New Restrictions on Protests in Bondi

Court Overturns New Restrictions on Protests in Bondi

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Powers used to restrict protests in the aftermath of the Bondi massacre have been deemed by a court to have breached constitutional freedoms.
The controversial measures, which were rushed through NSW Parliament in December, allowed the police commissioner to make a declaration preventing residents from seeking authorisation for rallies in key areas of Sydney for up to three months after a terror attack.

Protesters found themselves at risk of arrest for blocking either street traffic or pedestrian pathways during their demonstrations.

NSW police during the protest at Town Hall against the visit of Israeli President Isaac Herzog in Sydney in February. (Kate Geraghty)

Despite the state government’s insistence that these regulations were essential for maintaining public order, activist groups like Palestine Action Group and Blak Caucus challenged them in court.

On Thursday, Chief Justice Andrew Bell ruled that the laws placed an “impermissible burden” on several constitutional freedoms, as stated in a decision by the NSW Court of Appeal.

The declaration came in the wake of an incident where two gunmen allegedly opened fire at a Hanukkah event at Bondi Beach in mid-December, resulting in 15 fatalities.

These restrictions were only relaxed in February, which was shortly after police intervened to disperse a protest at Town Hall against Israeli President Isaac Herzog’s visit to Australia.

The event was also policed under a major events declaration that gave authorities powers to clear the area at their determination.

Asked about the laws ahead of the court’s decision, Premier Chris Minns continued to back them.

“I’m not saying there wasn’t clashes, I’m not saying it wasn’t difficult and I don’t regret moving that legislation at all,” he said.

“It’s tricky when you’re introducing changes to legislation like that because there’s a necessary infringement on constitutional principles.

“But there are other constitutional principles: the right of individual citizens to go about living their life free of intimidation, persecution or violence.”

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