An urgent legal challenge to sweeping powers given to NSW Police by the state government for Israeli President Isaac Herzog’s visit to Australia is under way in the Supreme Court.
The NSW government quietly declared Herzog’s visit a major event on Friday under legislation typically used to manage crowds at sporting events. The declaration was announced on Saturday.
It triggered wide-ranging powers for NSW Police, including to shut down parts of the “major events area” in the Sydney CBD and eastern suburbs, to limit the number of people who can remain in the area, and to conduct searches.
The Palestine Action Group (PAG) has planned a demonstration at Sydney Town Hall from 5.30pm on Monday. It has estimated about 5000 people will attend.
That location is within the “major events area” declared by the state government, giving police broad powers to stop the protest. PAG is challenging the declaration in court.
The group’s barrister, Peter Lange, SC, told the Supreme Court this morning that the “declared major event … is said to be the [presidential] visit”.
He said this was “not sufficient to amount to an event” for the purposes of the laws.
“An event is something which is limited geographically, temporally, and with regard to a group of participants,” Lange said.
The group is arguing the government acted outside its legal powers in making the major event declaration, as well as that the declaration was made for the “improper purpose” of “shutting down a protest”.
The major event legislation explicitly states the government “may not declare an industrial or political demonstration or protest to be a major event”.
The declaration made by the government describes the event as the presidential visit. The court will need to consider if this kind of event is covered by the laws.
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