‘We will defy these laws if we need to’: Activists challenge protest ban in wake of Bondi terror attack

Warning: Aboriginal and Torres Strait Islander readers are advised this article contains reference to Indigenous people who have died. Activists have vowed to “defy” laws barring protests in NSW in the wake of the Bondi terror attack as they fight the controversial ban in court. The ban was first brought in for two weeks on Christmas Eve, however, NSW Police Commissioner Mal Lanyon on Tuesday extended the ban for a further two weeks. While the declaration does not strictly prohibit a protest, it strips attendees of protections from criminal offences such as obstructing traffic, which would be granted with a Form 1 application. No public assemblies can be authorised by police while the powers are in place, and Form 1 applications for permission will be denied. The ban can be in place for up to 90 days, but the Commissioner is required to review it every 14 days. The next review will be held on January 20. Joshua Lees of Palestine Action Group, Elizabeth Jarret of Blak Caucus and Michelle Berkon of Jews Against the Occupation ‘48, have filed a constitutional challenge against the law in the Supreme Court of NSW. The case has been listed for hearing on January 29 despite the groups’ lawyer on Thursday pushing for it to be heard more urgently due to a series of protests planned later this month. Mr Lees vowed to continue protesting throughout January, even if the laws are extended again on January 20. “We will fight in the courts … in this constitutional challenge, and we will continue to fight it on the streets,” Mr Lees said. “We will continue to mobilise in the coming weeks and months around a range of causes.”The groups have planned at least four protests this month, including Teachers for Palestine on January 16, one for the 10 year anniversary of the death of David Dungay in custody, and an Invasion Day protest. Mr Dungay died in a Sydney prison when guards dragged him into another cell and sedated him after they told him to stop eating biscuits in his cell. NSW Premier Chris Minns earlier offered his assurance the ban would not affect Invasion Day rallies shortly after the bans were implemented. Mr Lees also announced a mass protest is building against Israeli president Isaac Herzog’s potential visit to Australia, following Prime Minister Anthony Albanese’s invitation last month. “So we will defy these laws, if we need to,” he said. “This is not just about Palestine, it is not just about Aboriginal rights. These laws ban protests from any group in society that wants to protest about anything.” A lawyer advising the activists, Nick Hanna, said the coalition of activists have come together to defend the fundamental right to protest. “We don’t want to have a situation in this state where it is up to the police to decide which causes are worthy of protection and which aren’t,” Mr Hanna said. Mr Minns earlier said he is confident the laws are constitutionally sound, saying: “We’re all confident that they’re sound constitutionally...we’re confident these laws will withstand a constitutional challenge.” The challenge will next be before the courts on January 29, where the Chief Justice will decide whether the case should be moved directly to the Court of Appeal in anticipation of parties being likely to launch an appeal should they lose the case. The latest challenge comes off the back of PAG’s success in overturning laws that gave police powers about protesting at or near places of worship through another constitutional challenge last year. The group also successfully fought for the Sydney Harbour Bridge protest to go ahead last year. PAG earlier said they were “shocked and absolutely horrified” by the Bondi terror attack, and said no one “should have to live in fear of terrorism or racist hate”. “We reiterate our complete condemnation of anti-Semitism and all other forms of racism,” the statement said. “anti-Semitism has never had any place in our movement, nor in the world we want to live in.”