Protesters will launch a constitutional challenge against laws restricting protests during designated terrorism incidents, as a Labor MP says the proposed legislation is disproportionate.
During debate over the government’s Terrorism and Other Legislation Amendment Bill 2025, Labor MP Anthony D’Adam said the link between words and actions was “tenuous” and “hard to establish”.
The omnibus bill was introduced by the Minns government following the Bondi terror attack, which left 15 dead. It proposes outlawing phrase chants, such as “globalise the intifada”, commonly heard during pro-Palestine protests, as well as restricting protest rights after terrorism incidents.
Labor MLC Anthony D’Adam (left) has questioned the necessity of proposed laws restricting protest activity after terrorist attacks.
Joined by Greens MP Sue Higginson along with a chorus of other groups on Tuesday morning, Palestine Action Group spokesman Josh Lees said the laws would remove the rights of “everyone in NSW to gather together as a community” and demand change.
“This is the latest set of Chris Minns’ knee-jerk, undemocratic anti-protest laws which are being passed again on the basis of a series of lies and misinformation, and outrageous conflating of this horrible antisemitic attack at Bondi with the protest movement,” Lees said.
During his contribution to the debate, Labor MP Anthony D’Adam raised concerns about elements of the bill. Attempts to constrain chants during protests was a “a fool’s errand”, he said.
The Labor backbencher, who was sacked as an assistant minister for criticising the police treatment of Palestinian demonstrators, said it was difficult to see how specific words or symbols can “lead to a series of actions”.
“Arguments around a line of causality that extends beyond those two people is to absolve those perpetrators of some level of responsibility for their criminal act. I don’t think we should be doing that,” he said.
“What is the purpose of proscription of protest? It seems that actually what we’re objecting to is the slogans and the posters ... It strikes me that banning all protest activity is not proportionate.”
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In defence of the proposed restrictions on protest after terrorism incidents, which can be in place for up to three months, Minns noted a series of incidents during protests including signs displaying a swastika on a Star of David, and shirts calling for death to Israel’s Defence Forces.
“How can we say that protests that have these signs have no bearing on either the culture, the temperature or even extreme actions within our community,” Minns said.
“I’m urging lawmakers in NSW not to bury their head in the sand and say that there’s absolutely no relationship between the two.”
The state government was “alive” to the risk of a constitutional case in the High Court, Minns said on Tuesday afternoon, but maintained he was “confident” the laws would withstand any legal challenge.
The Legislative Council began on Tuesday with a weary acknowledgement that debate would reach well into the early hours. The list of amendments – changes various parties or MPs would like added to the omnibus bill – strayed into the hundreds on Tuesday afternoon.
Labor MPs were warned they would be returning on Christmas Eve.
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