![\"Chris](\"https:\/\/www.newsbeep.com\/au\/wp-content\/uploads\/2026\/04\/62e52af39c0c87c69753073116a67009.jpeg\")
<\/p>\nControversial laws to restrict protests in New South Wales following the Bondi Beach terrorist attack have been struck down by the state’s top court.<\/p>\n
The Court of Appeal accepted arguments by protest groups that the expanded police powers were unconstitutional, in a judgment handed down on Thursday afternoon.<\/p>\n
The laws passed on Christmas Eve during an emergency sitting of parliament were used to purportedly prevent authorised public assemblies in parts of Sydney for almost two months.<\/p>\n
The laws were ruled to have “impermissibly burdened” the implied right to freedom of political communication under Australia’s constitution in a joint judgment by Chief Justice Andrew Bell,\u00a0 Justice Julie Ward and Justice Stephen Free.<\/p>\n
There were hushed cheers and hugs inside the Banco Court in Sydney, the state’s largest, as supporters draped in keffiyeh scarves watched on.<\/p>\n
<\/p>\n
Premier Chris Minns urged his parliamentary colleagues to push through the laws on Christmas Eve in the wake of the Bondi Beach terror attack. (ABC News: Abubakr Sajid)<\/p>\n
The laws in question gave police the power to make a declaration preventing the authorisation of public assemblies in certain areas.<\/p>\n
Within hours of the provisions entering the statute books on Christmas Eve, the police commissioner made a declaration restricting protests throughout Greater Sydney.<\/p>\n
The declaration, which lasted for 14 days at a time, was extended on four occasions and did not lapse until February 17.<\/p>\n
![\"Protesters](\"https:\/\/www.newsbeep.com\/au\/wp-content\/uploads\/2026\/04\/9984fd898bd55741aea605370d73282f.jpeg\")
<\/p>\n
Tensions flared at a rally against visiting Israeli President Isaac Herzog as police enacted the expanded powers. (ABC News: Abubakr Sajid)<\/p>\n
The subject area, however, was reduced in January to the eastern suburbs and CBD, with a carve out for Hyde Park to allow for protests on Australia Day.<\/p>\n
The restrictions remained in place for Israeli President Isaac Herzog’s visit in February, which drew large protests.<\/p>\n
Laws had ‘chilling effect’ on speech<\/p>\n
The plaintiffs, Elizabeth Jarrett of the Blak Caucus, Joshua Lees of the Palestine Action Group, and Michelle Berkon from Jews against the Occupation ’48, launched the challenge in early January.<\/p>\n
They argued the provisions had a “chilling effect” on speech and “impermissibly burdened” the implied right to freedom of political communication under Australia’s Constitution.<\/p>\n
![\"A](\"https:\/\/www.newsbeep.com\/au\/wp-content\/uploads\/2026\/04\/19a6fe3491de8ccac6df39657c1f0652.jpeg\")
<\/p>\n
The verdict was celebrated by the plaintiffs outside court. (ABC News: Pablo Vinales)<\/p>\n
According to their written submissions, the thresholds for exercising the power were low and that the restrictions could be invoked by reasons unrelated to a terrorist act.<\/p>\n
The State of New South Wales argued the laws had effect only in “tightly confined circumstances” and had the “legitimate purpose” of “protecting the community and enhanc[ing] social cohesion” in response to the Bondi attack.<\/p>\n
The government argued the burden this placed on freedom of political communication was “reasonably appropriate and adapted” to achieving that end.<\/p>\n
It pointed to ASIO assessment that found “heightened community tensions” over the conflict in the Middle East had translated into “some incidents of violence connected to protest activity”.<\/p>\n
![\"Person](\"https:\/\/www.newsbeep.com\/au\/wp-content\/uploads\/2026\/04\/2a2179579a06b11f1a91530b9b6db277.jpeg\")
<\/p>\n
The restrictions remained in place for the Israeli president’s visit in February, which drew large protests. (ABC News: Jack Fisher)<\/p>\n
The state argued it was rational to give police the power to act in response to “intimidation, harassment and fear” even where the conduct does not pose a serious safety risk.<\/p>\n
Premier defends protest laws<\/p>\n
In a statement, Premier Chris Minns said the government was disappointed by the ruling but stood by its decision to introduce the legislation.<\/p>\n
“This was in the aftermath of the worst terrorist attack our country has seen, in which 15 innocent lives were lost,” Mr Minns said.<\/p>\n
“We believe it was necessary and important for Sydney at the time.”<\/p>\n