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Court Dismisses Challenge to NSW Police Powers During Herzog Visit
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Court Dismisses Challenge to NSW Police Powers During Herzog Visit

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The New South Wales Supreme Court on Monday rejected a legal challenge by the Palestine Action Group against expanded police powers granted during Israeli President Isaac Herzog’s four-day visit to Australia.

Justice Robertson Wright dismissed the case hours before a planned protest at Sydney Town Hall, allowing police to maintain extraordinary search and move-on powers across the city’s central business district and eastern suburbs until Thursday.

Key Details:

  • Police authorized to search anyone within designated zones without cause

  • Powers invoked under “major event” legislation typically used for sporting events

  • Non-compliance penalties reach $5,500

  • Declaration covers four-day period across broad geographical area

Legal Arguments: The Palestine Action Group, represented by barrister Felicity Graham and Peter Lange SC, argued the Minns government improperly used major event legislation as a “backdoor way” to suppress political protests against a controversial head of state.

Government barrister Brendan Lim SC countered that powers were necessary to “secure the safety of the president, dignitaries and the community generally” following the Bondi terror attack that killed 15 people during a Hanukkah celebration.

Ongoing Implications: Protesters plan to proceed with Monday evening’s demonstration, potentially breaching separate public assembly restrictions extended last Tuesday. The restrictions effectively ban unauthorized marches in designated areas including Town Hall and the northern CBD, though Hyde Park remains excluded.

Sports Minister Steve Kamper cited concerns that confrontations could damage Australia’s international reputation, comments Graham characterized as revealing the government’s true intent to curtail legitimate political expression.

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