Sydney protest ban partially lifted, paving way for January 26 march
Updated ,first published
A controversial declaration banning protests on Sydney city streets has been partially lifted by NSW Police Commissioner Mal Lanyon, paving the way for Australia Day marches planned after a month-long ban.
In a compromise that would allow the annual Invasion Day protest to take place on Monday, Lanyon lifted the proclamation order for streets in the Sydney CBD while maintaining the ban on all other Sydney streets for a further two weeks.
Bondi imposed the first 14-day ban on December 24 under powers introduced in response to the terror attack. It was extended for another two weeks on January 6.
The new exclusion area will include Darling Harbour, suburbs north of Oxford Street and all eastern suburbs north of Clovelly. Areas included in the annual Invasion Day march will not include Hyde Park, Belmore Park and Victoria Park.
“It’s about getting the balance right,” Lanyon said Tuesday afternoon.
“This is about allowing people to protest, ensuring freedom of expression, while also ensuring that the community remains safe.”
Lanyon said maintaining the ban on the city’s northern streets was designed to support the tens of thousands of spectators expected to gather at Circular Quay for the official Australia Day celebrations, while it was deemed “appropriate” to block demonstrations in the eastern suburbs following the Bondi massacre.
An anti-immigration demonstration march for Australia is expected to begin on Monday at Prince Alfred Park, south of Central Station and outside the exclusion zone; This march will coincide with similar rallies taking place in other capitals. Police are expected to keep a close eye on the Australia March and Invasion Day rallies in the streets.
Tough protest powers were included in an omnibus bill passed during an emergency session of the NSW parliament following the Bondi massacre and were used by Lanyon within hours of its passage.
Tuesday’s decision will allow protest groups to apply to hold demonstrations on the streets of the CBD over the next two weeks, which will then be considered by NSW Police. A third consecutive public declaration meant the ban was extended until February and the annual Invasion Day parade in the Sydney CBD was banned.
This came four days after riot squad and mounted police descended on City Hall to monitor demonstrators gathering against new protest laws and Israeli President Isaac Herzog’s upcoming visit to Australia.
A man wearing a “Make Australia Safe Again” banner and holding a cardboard sign reading “Blame Hamas” was arrested for breach of peace at around 5.30pm and later released without charge.
Three other people were also spoken to for a similar breach of peace and left the scene without taking further action.
A protester was photographed wearing a T-shirt bearing the slogan “globalize the intifada”, a phrase that NSW Premier Chris Minns wants to outlaw.
Lanyon backed the implementation of a month-long ban on protests, saying it had “reduced community anger” in the weeks after the Bondi attacks.
“I think the fact that we haven’t seen large-scale open protests with people marching through the streets of Sydney has reduced tensions,” he said.
Acting Police Minister Paul Scully said the final declaration was determined based on intelligence gathering and risk assessments.
“NSW Police’s top priority is the safety of the community and the NSW government clearly supports this work,” Scully said. “We ask the community to respect the decision of NSW Police, obey the law and stay safe.”
A coalition of activists, including the Palestine Activist Group and Jews Against Occupation, has launched a constitutional challenge to the law restricting public gatherings.
Elizabeth Ann Jarrett, a member of First Nations-led political organizing group The Blak Caucus, sued the province over the laws.
A brief direction hearing on Jan. 8 set a schedule, and Judge Julia Lonergan set another hearing for Jan. 29.
It will consider whether the case should go directly to the Court of Appeal, on the assumption that any decision will be appealed at a later date.
It also gave other Australian states and territories time to weigh in on emerging constitutional issues.
Constitutional law expert Anne Twomey said the laws passed in December were more likely to survive legal challenges than laws that effectively banned protests.
“There’s still the question of a very vague connection between what you actually do and what your legitimate aim is and how you achieve it,” he said.
“It’s very complicated.”
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Daniel Lo Surdo is a breaking news reporter for The Sydney Morning Herald. He previously ran The Sydney Morning Herald and The Age’s national news live blog.Connect via email.
Jack Gramenz is a breaking news reporter for The Sydney Morning Herald.Connect via email.
