A court challenge to the New South Wales government\u2019s use of special powers during the visit of Israeli president, Isaac Herzog, will be decided at an urgent hearing on Monday, as police continue to urge protesters planning to march through Sydney\u2019s CBD to take an alternative route.<\/p>\n
At a hastily convened NSW supreme court hearing on Sunday evening, Justice Natalie Adams ruled a challenge by the Palestine Action Group to \u201cmajor event\u201d powers<\/a> invoked during the visit would be heard before a planned march from Sydney town hall to state parliament on Monday night. Herzog was expected to arrive on Sunday evening and depart on 12 February.<\/p>\n \u201cIf [the court] does not \u2026 hear it not only within four days, but prior to 5.30pm tomorrow, then the whole purpose of bringing the proceedings would be undermined,\u201d she said.<\/p>\n The group plans to march in a breach of the public assembly restriction declaration extended by police on Tuesday<\/a>.<\/p>\n Sign up: AU Breaking News email<\/a><\/p>\n The extension prevents the authorisation of protests under the form 1 system, effectively banning marches in designated areas without the risk of arrest. The current designated area includes the town hall and takes in the northern part of the CBD and the eastern suburbs, but excludes Hyde Park.<\/p>\n The NSW government on Saturday also invoked the state\u2019s \u201cmajor event\u201d legislation over the same area, granting police additional powers to move people on, close specific locations and issue orders to prevent disruption or risks to public safety. Police may search anyone inside the area or as a condition of entry, and anyone who fails to comply with directions may face penalties, including fines of up to $5,500.<\/p>\n At Sunday\u2019s hearing, the group\u2019s barrister, Mark Robinson SC, said it would challenge the use of the powers on the basis that Herzog\u2019s visit was not an appropriate event under the legislation, that the government\u2019s invocation of the powers was disproportionate and vague, and the use of the regulation to shut down protests went against its purpose.<\/p>\n Robinson submitted that the challenge be heard before midnight on Sunday, when the special powers came into effect, because police could potentially construct barricades preventing people from gathering at the town hall on Monday.<\/p>\n \u201cThat\u2019s something that happened in the only possibly comparative occurrence when this kind of order was made \u2026 [at] the Asean summit [in 2018],\u201d he said.<\/p>\n