Australian court strikes down protest restrictions enacted after Bondi Beach attack

Apr 17, 2026 7:52 am | JNS News, Ticker

The highest court in the Australian state of New South Wales has struck down protest restrictions enacted following the deadly terrorist attack at Bondi Beach.

The Court of Appeal ruled on Thursday that expanded police powers allowing authorities to block public demonstrations in parts of Sydney were unconstitutional, finding that they burdened the implied freedom of political communication under Australia’s constitution, according to the Australian Broadcasting Corporation.

The legislation was introduced during an emergency parliamentary session on Dec. 24, 2025, 10 days after an antisemitic mass shooting at a Chanukah gathering in Bondi Beach in which 15 people were murdered and dozens wounded.

Under the law, police were empowered to declare zones in which public assemblies could not be authorized, effectively preventing protests in large parts of Sydney for nearly two months. The restrictions were renewed multiple times before expiring on Feb. 17.

Chief Justice Andrew Bell, Justice Julie Ward and Justice Stephen Free ruled in a joint judgment that the provisions discouraged protest activity regardless of purpose, rendering them constitutionally invalid.

Protest groups challenged the legislation earlier this year, arguing that the measures disproportionately restricted freedom of expression.

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 legal challenge in early January, arguing that the provisions had a chilling effect on speech and infringed the implied freedom of political communication.

New South Wales Premier Chris Minns said the government was disappointed by the ruling. He defended the legislation. “This was in the aftermath of the worst terrorist attack our country has seen, in which 15 innocent lives were lost,” Minns said. “We believe it was necessary and important for Sydney at the time.”

Shadow Attorney-General Damien Tudehope said the ruling highlighted what he described as government mismanagement of the legislative process.

“Throughout last December’s emergency sitting of Parliament, the NSW Liberals and Nationals consistently warned Labor against rushing through complex legislation before it could be thoroughly examined,” he said in a statement.

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