‘Divisive’ laws clamping protests face uncertain future

The impact of controversial protest crackdown laws remains unclear as a legal challenge to their validity emerges.
NSW Premier Chris Minns introduced tough new laws in the wake of the Bondi massacre, when a father-son duo attacked a Jewish Hanukkah event, killing 15 innocent people in an alleged terror attack.
The package included stricter gun restrictions, strengthened hate speech laws and controversial crackdowns on public gatherings.
The police commissioner has been given the power to block protests for two weeks following a terrorist incident, a declaration that can be extended for up to three months, which civil liberties groups say is draconian and violates the right to assemble.
It faces a legal challenge from the Supreme Court.
Indigenous groups have expressed concern that the police commissioner made the appointment under his new powers and that if an extension was granted, it could affect Occupy Day protests on January 26.
Mr Minns responded by saying such meetings “could happen” and noted that a distinction could be made between static rallies and marches in the city.
He said the rhetoric of protesting the ban was exaggerated.
“The rules and laws are only in place under very strict conditions and that is for the definition of terrorism… we have had very few definitions of terrorism in the last few years,” he told reporters in Sydney.
“Right now it’s the worst terrorist incident in the history of this state.”
Former Supreme Court judge Anthony Whealy said it was important for the NSW government to restore goodwill in the community following the attack and that this could not be achieved through divisive actions.
“If this law was in place now and the Jewish community wanted to protest what they saw as inadequate policing, for example, at the Hanukkah event…they wouldn’t be able to do that,” he said on ABC Radio. he warned.
The government has said the laws, described as “dangerous and divisive” by the federal Greens, are not designed to stop peaceful gatherings.
Mr Minns said they needed to stop extreme hate speech, accusing pro-Palestinian protests of fueling antisemitism that organizers could not control.
This is something strongly denied by organizers, who say people are protesting Israel’s war in Gaza and the actions of the Netanyahu government.
“We want to make sure we’re in a position to keep the people of NSW safe and I’m certainly not running away from the fact that in these circumstances of increased tension, words can lead to actions,” Mr Minns said.
