The New South Wales Police Commissioner has not ruled out extending the current ban on authorising public assemblies beyond January 26, after approving a further 14-day extension this week.
The controversial laws which were rushed through NSW Parliament last month in response to the alleged Bondi terrorist attack, which killed 15 people, do not prohibit protests outright. Instead, they prevent demonstrations from being authorised under the state's Form 1 system after a terrorism incident.
Form 1 authorisation provides legal protection for organisers and participants during public protests for offences such as obstructing traffic.
On Tuesday, Commissioner Mal Lanyon said the decision to prolong the restrictions was driven by ongoing community safety concerns following the Bondi attack. He stressed, however, the move "is not about stopping free speech".
Instead, he argued the most significant terrorist incident in NSW history meant it is "right that the community has time to grieve and right that the community has time to mourn".
In a statement, NSW Police said: "Gatherings are permitted, but police may issue move on directions for people causing obstructions or behaving in an intimidatory or harassing manner, or people who might cause or be likely to cause fear in another person."
The ban was first imposed on December 24, with the latest extension preventing police from accepting Form 1 submissions until January 20. Under the legislation, the restrictions can be extended in 14-day blocks for up to 90 days. The Commissioner said he was aware of one application for a public assembly within the 14-day period, which would now be rendered invalid.
Asked whether the ban could be extended past January 26 — potentially preventing large-scale Invasion Day rallies from receiving authorisation — Commissioner Lanyon said it was "very premature to consider that".
"We will assess the need for a public safety declaration if that is required when we get closer to the end of this 14-day period," he said.
"We'll look at the current environment as it is...that is, if there are any unauthorised assemblies the way that they are."
Commissioner Lanyon said there was no new intelligence underpinning the decision, adding that "it's still that heightened tension within the community in Australia, certainly in NSW".
He pointed to recent demonstrations, including protests over US military strikes in Venezuela and the capture of President Nicolás Maduro, during which three people were arrested and later released without charge.
"What we have seen over the past couple of days, obviously is again, external factors from overseas, bringing people out for public assemblies, and the potential for counterprotests, which could lead to a public safety incident," he said.
When the laws were introduced, they drew criticism from Indigenous organisations, including the Aboriginal Legal Service (ALS) NSW/ACT and the Blak Caucus, who warned the measures risk suppressing First Nations voices.
Critics have argued the laws effectively amount to a blanket ban on protests during a declaration period, and infringe on civil liberties.
The ALS raised particular concern about the potential impact on annual Invasion Day/Survival Day protests on January 26, as well as rallies marking the 10th anniversary of the death in custody of David Dungay Jr. Those commemorations, held in Kempsey on the NSW Mid North Coast last month, proceeded without incident.
After the legislation passed, Premier Chris Minns sought to ease concerns, saying the measures were necessary to protect public safety during periods of heightened risk but would not prevent January 26 protests from going ahead.
"Obviously, assemblies like that can take place," the Premier said. "It's just ... marches through the city through a form 1, which I understand hasn't traditionally been part of that protest.
"In any event, if it were the case that the police commissioner made that designation, [people] will obviously have to abide by the laws of the land."
Since the 1938 Day of Mourning, January 26 has been observed as a day of protest and solidarity for First Peoples and regularly attracts large crowds nationwide, the ALS said last month.
"The right to protest is a cornerstone of a functioning democracy. Aboriginal deaths in custody and the incarceration of Aboriginal people are at record highs, both in NSW and nationally," ALS Principal Legal Officer Nadine Miles said in December.
"This is a time of crisis for the communities we serve. It is a time to come together and unite for change, not to risk silencing the voices of Aboriginal people."
Three activist groups — Palestine Action Group Sydney, Jews Against the Occupation 48, and the Blak Caucus — said they would launch a legal challenge against the laws in the NSW Supreme Court by early January.
