Image: Labor Friends of Palestine/X
The Palestine Action Group has lost its legal challenge against extended powers granted to police for the visit of Israeli president Isaac Herzog.
Under major event legislation, police are able to search anyone inside sections of the CBD and eastern suburbs, close designated areas, move people on, and issue orders to prevent disruption or other risks to public safety.
Those who fail to comply with police directions could face fines of up to $5,500.
Acting on behalf of the group, Barrister Felicity Graham questioned whether the major events legislation was being used properly, suggesting it was a “backdoor way” to preventing protest, which the government rejected.
Graham referenced comments made by the government on Saturday that they “cannot allow a situation where mourners, visitors and protesters are brought into close proximity in a way that risks conflict, violence or public disorder”.
“One might say the quiet part has been said out loud,” Graham said.
“This is about stopping legitimate political expression in the public square against a controversial visiting head of state, from a country that is before the international court of justice on a charge of genocide.”
Not about suppressing protest but “securing safety” says barrister for state
Counsel for the State of NSW, Brendan Lim SC, said the major events legislation hadn’t specifically defined an “event” and should therefore be given a “board meaning”.
“It is the maintenance of security and safety of the president, dignitaries and the community generally, in light of the national terrorism threat and heightened community tensions, and the need to safely manage potential large crowds,” he told the court.
“That is not a purpose of suppressing protest, it is a purpose of securing safety.”
He noted that Hyde Park had been carved out from the declaration, allowing an alternative site for protesters to gather.
“If there was a purpose of preventing protest, the police would not be inviting [the Palestine Action Group] to conduct a protest in Hyde Park and to march to Belmore Park.”
Protests began in Town Hall at 5:30pm, with police blocking protesters from joining the thousands already gathered.
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