The law was introduced after the Bondi beach terror attack in December, in which 15 people were killed. The challenge was filed by the Blak Caucus, Palestine Action Group, and Jews Against the Occupation '48. The full bench included Chief Justice Andrew Bell, and Justices Julie Ward and Stephen Free.
NSW Police Commissioner Mal Lanyon extended the public assembly restriction declaration several times, citing ongoing community safety concerns but no specific intelligence. The restriction was in place during the February rally against Israeli President Isaac Herzog, which turned violent and triggered a police watchdog investigation. Lanyon ended the restriction last Tuesday after Herzog left the country. Charges laid under the law will be dropped pending a review; 30 protesters were charged in connection with the anti-Herzog protest, including assault police officer, behave in an offensive manner, and throwing an object. Lawyer Osman Samin said the law being struck down may have consequences for prosecutions.
The idea that the police and the government's rational and proportionate changes to the law that we pursued after that Bondi terrorist attack somehow spurred these people into a violent confrontation is utter garbage.
Premier Chris Minns defended the law as 'rational and proportionate' and criticised the Greens for supporting charged protesters. Greens justice spokesperson Sue Higginson said Minns launched an 'extraordinary attack' on the judiciary. Lawyer Majed Kheir said the court 'vehemently disagreed' with Minns' claims. The court wrote that suppressing public debate cannot be a legitimate end in itself. Constitutional expert Anne Twomey said the judgment makes it difficult to ban slogans like 'globalise the intifada'. Minns said he will only ban the phrase if a similar ban in Queensland is upheld in court.
If [the ban] is upheld in Queensland, I'll do it in New South Wales, I won't muck around.
The NSW Government absolutely stands by the decision to introduce this legislation that allowed police to restrict authorised assemblies in specific areas for 14 days following a terrorism declaration. This was in the aftermath of the worst terrorist attack our country has seen, in which 15 innocent lives were lost. We believe it was necessary and important for Sydney at the time.