Extract from ABC News
Protesters are expected to gather at Town Hall on Monday before marching to NSW Parliament. (ABC News: Nick Dole)
In short:
The Palestine Action Group has launched a legal challenge against special powers given to NSW police ahead of a rally protesting the Israeli presidential visit.
The additional powers were granted after parts of Sydney were declared a "major event area".
What's next?
The case will be heard on Monday.
An eleventh-hour Supreme Court challenge by the Palestine Action Group to the government's decision to grant police special powers ahead of a protest against the visit of Israeli president Isaac Herzog will be heard on Monday.
The New South Wales government declared the president's visit a "major event" on Saturday, giving police expanded powers to manage crowd safety, maintain separation between opposing groups and reduce the risk of confrontation.
Under the Major Events Act those who fail to comply with police directions could face fines of up to $5,500.
Josh Lees says the government is using "emergency-style powers" to shield Mr Herzog. (ABC News)
The Palestine Action Group lodged submissions late on Sunday afternoon, arguing the declaration was "draconian" and imposed rules unsuitable for protest activity.
In a preliminary hearing, NSW Supreme Court Justice Natalie Adams noted the lateness and volume of the material filed by the group's lawyers.
"At 3.24pm my associate received 87 pages of a summons and affidavit … and an order that the matter be listed at 3.30pm, after receiving 600 pages of material," she told the court.
Earlier, spokesperson for the Palestine Action Group (PAG) Josh Lees told the media they were hopeful of a positive outcome.
"If you look at the act which gives the government the powers to declare major events, it's clearly written with things like sporting events and cultural events, ticketed kind of events in mind.
"It talks about spectators, it talks about advertising … it's clearly not meant to be used to shut down protests."
If they lose the court case, he said, the status quo remains, "which will still mean we’re having a massive protest at Town Hall".
The protest will go ahead even if the legal challenge is lost. (Reuters: Flavio Brancaleone)
Mr Herzog will be in Australia for four days. While in Sydney, he will meet bereaved families and members of the Jewish community following the deadly Bondi terror attack.
A UN Commission of Inquiry concluded Mr Herzog was among Israeli leaders who incited the commission of genocide, and his comments are in South Africa's genocide case against Israel before the International Court of Justice.
The allegation of genocide is rejected by Israel, and Mr Herzog maintains his comments were taken out of context.
Talks ongoing to change route
Transport Minister John Graham said the latest police measures were put in place to ensure the visit "unfolds smoothly" and he does not want to "see trouble on the streets" as a result of the visit.
"There will be protests, those are legal, but we want to keep the protest as separate from the actual visit and that's very important for our city," Mr Graham said on Sunday.
Police have warned there will be an "extremely large" police presence during the controversial visit, with 3,000 officers deployed, including 500 to monitor the rally on Monday night.
NSW Police Acting Assistant Commissioner Paul Dunstan said negotiations with PAG are still underway, and police are urging the group to change its location.
Protesters are due to gather at Town Hall before marching to NSW Parliament, but police are pushing for an alternative route from Hyde Park to Belmore Park.
"I do have concerns about the size of Town Hall, the possibility of overflow into public areas, which could lead to conflict between police and protesters … I would ask them to reconsider relocating," Assistant Commissioner Dunstan said.
He said that both police and protest organisers shared the goal of ensuring a peaceful protest, and he does not believe there will be a "showdown".
"We're on the same page as far as a safe and secure protest will occur tomorrow night.
"We do not want conflict; we want to ensure this is conducted in a peaceful and safe manner and I'm confident we can achieve that."
Road closures in place
Last week, police commissioner Mal Lanyon announced a further restriction on protests, enabling police to refuse authorisation for all protests in the wake of the Bondi Beach terror attack.
Static rallies are still allowed, and the restrictions do not ban protests, but instead remove additional legal protections for groups marching through the streets.
In October last year, the NSW Supreme Court ruled in favour of the PAG, finding that the government's protest laws around places of worship were unconstitutional.
Road closures across the Sydney CBD and eastern suburbs are in place until Thursday, with motorists and commuters being urged to avoid non-essential travel in and around the city on Monday afternoon.
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