Activist groups flag constitutional challenge to proposed NSW protest restrictions
Protest groups will challenge the constitutionality of NSW government's proposed protest restrictions. (ABC News: Berge Breiland)
In short:
Activist groups say they will legally challenge the NSW government's proposed amendments to laws restricting protests.
A spokesperson for one of the groups describes the changes as "absolutely appalling".
The premier says he is "confident that the laws will withstand a constitutional challenge".
Activist groups have flagged a legal challenge to proposed anti-protest laws being rushed through NSW Parliament.
The Terrorism and Other Legislation Amendment Bill 2025, formulated in the wake of the terror attack on Bondi Beach on December 14, has passed the Upper House and has been sent back to the Lower House to be rubber stamped.
Premier Chris Minns said the bill was designed to crack down on gun licensing and hate speech and would also restrict "public assembly" for up to 90 days following a terrorism incident.
The bill passed the legislative assembly overnight with few amendments.
Palestine Action Group and Jews Against the Occupation will file a constitutional challenge in court.
Protesters at the Sydney 2024 Invasion Day rally on January 26. (ABC News: Brendan Esposito)
The third applicant listed is First Nations-led Blak Caucus over their concerns upcoming Invasion Day rallies on Australia Day January 26 would be affected.
"It's absolutely appalling," representative Lizzie Jarrett said.
"It would really be a kick in the face to this conversation that the government keeps having with us about reconciliation, closing the gap, and putting the realities of First Nations people on the table."
According to the bill, police would be able to declare a public assembly restriction within 14 days of a terror incident, meaning no protests would be authorised for up to three months.
Premier confident laws are constitutional
Police Minister Yasmin Catley and Chris Minns have spoken passionately in favour of the changes. (ABC News: Abubakr Sajid)
Mr Minns acknowledged they were "extraordinary changes" but said he was not concerned about the constitutional validity of the proposed law.
"I know that it's a big change to ensure that there's no Form 1 protest during a terrorism designation, so we need to explain why we've pursued those extraordinary changes in New South Wales," he said.
"We're confident that the laws will withstand a constitutional challenge."
Josh Lees from Palestine Action Group said the "undemocratic" laws were based off a series of "lies and misinformation" that conflated the Bondi terror attack with the pro-Palestine rallies and ultimately affected broader protest movements.
"These laws will take away the rights of everyone in NSW to gather together as a community to express their views, to express their opposition to whatever government policies they oppose, to demand change all the things that we know have been so crucial to our democracy for so many years," Mr Lees said.
"From the point of view of the Palestine Action Group we don't have any protests planned in the immediate sense, but we've also said we will need to keep protesting at some point of course, because the genocide in Gaza continues."
A United Nations Commission of Inquiry, established by the UN Human Rights Council, concluded Israel has committed genocide in Gaza — a claim Israel denies.
Israel is also fighting a case of genocide brought by South Africa in the International Court of Justice (ICJ).
Michelle Berkman fears the anti-protest laws will endanger the Jewish community. (ABC News: Jack Fisher)
Michelle Berkman, from Jews Against Occupation, feared the anti-protest laws would endanger the Jewish community rather than keep them safe.
"To impose these repressive laws, you are not only scapegoating the millions of Australians of anti-racist Australians protesting genocide, but using Jewish people as your human shields," she said.
"We will bear the resentment of the community."
Mr Lees said the legal challenge would be officially lodged with the NSW Supreme Court by early January.
Bill faces parliamentary opposition
The challenge is being supported NSW Greens MLC Sue Higginson as well as several other advocacy groups including the NSW Council for Civil Liberties and the Australia Palestine Advocacy Network.
Sue Higginson is backing the constitutional challenge and will argue for the bill to be split. (Supplied: Sue Higginson)
Ms Higginson said she intended to vote against the bill, which will be debated in the upper house of NSW parliament on Tuesday.
The bill faces opposition from the Greens, NSW Nationals, and the Shooters, Fishers and Farmers Party.
Ms Higginson said she supported legislative gun reform and wanted to see the bill split.
"I will do my best to convince my parliamentary colleagues not to go down this unconstitutional path,"she said.
"Should I fail at that, we will do our best to vote in accordance with our principles and with the best outcomes for the good governance of New South Wales."
She said the bill would likely proceed through parliament in whole although she would "see what the day brings".
Police Minister Yasmin Catley hoped the law would pass the upper house either later today or tomorrow.