The NSW Supreme Court has rejected a last-minute legal challenge to extensive police powers that prohibit any protests against Israeli President Isaac Herzog's controversial visit to Australia. This decision was delivered at approximately 4:50 PM on Monday, just under an hour before protest organisers from the Palestine Action Group were scheduled to rally at Sydney's Town Hall at 5:30 PM.
Urgent Legal Action and Police Powers
Palestine Action Group initiated urgent legal proceedings against the NSW government on Monday after it declared Herzog's visit a major event. This declaration granted police enhanced authority to increase officer numbers, conduct searches on individuals within the designated event area, and prevent entry ahead of the planned rally.
Court Arguments and Hypothetical Scenarios
Legal representatives for the protesters argued in the NSW Supreme Court that the government's declaration was overly broad and failed to meet legal requirements, as it did not specify participants or a precise geographic area. Barrister Peter Lange SC illustrated the scope of police powers through a constructed hypothetical scenario.
However, the government's barrister, Brendan Lim SC, contended that this scenario was not relevant for determining whether protesters were the intended target of the declaration. Rallies opposing Herzog's visit are planned to occur across Australia on Monday evening.
Legislative Context and Political Reactions
The NSW government enacted laws following December's Bondi Beach terror attack, which limited protections typically afforded to authorised protests. These temporary powers, extendable for up to three months after a terror event, were reinforced by the major event declaration announced on Saturday.
Palestine Action Group spokesperson Josh Lees criticised the measures, stating, "The next time (NSW Premier) Chris Minns complains about protesters apparently being disruptive to our city, let's look at the lengths the premier has gone to to roll out the red carpet for someone accused of genocide."
In response, Premier Minns defended the declaration, asserting it had been mischaracterised. He said, "The bottom line here is we've got an international visitor who's been invited by the commonwealth government. Reasonable people expect us to keep him safe and to keep the community safe."
Historical Inaccuracy and International Context
Premier Minns inaccurately claimed that the major events powers had been previously utilised during Sydney's hosting of the Asia-Pacific Economic Cooperation summit in 2007. In reality, these laws were not implemented until 2009, with separate specific legislation developed for the APEC event.
Herzog's role is largely ceremonial, but he has provoked outrage after being photographed signing an Israeli artillery shell. A United Nations inquiry found that his comments following the Hamas terror attack on Israel on October 7, 2023—where he described Palestinians as an "entire nation out there that is responsible"—could reasonably be interpreted as incitement for genocide.
Enforcement and Penalties
Individuals who fail to comply with NSW police directions during this period will face penalties, including fines of up to $5500. This legal and political development underscores ongoing tensions surrounding protest rights and security measures in Australia.
