Catchwords:

PUBLIC ASSEMBLY — “public assembly restriction declaration” (“PARD”) scheme — Terrorism and Other Legislation Amendment Act 2025 (NSW) — enacted in the wake of the terrorist attack at Bondi Beach on 14 December 2025 — restriction of the holding of public assemblies within a declared area following a terrorist attack — regime for the authorisation of proposed public assemblies displaced — enhanced police powers when and where a PARD is in force — Terrorism (Police Powers) Act 2002 (NSW), Pt 2, Div 3A — Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), s 200(5) — Summary Offences Act 1998 (NSW), ss 27A, 27B

CONSTITUTIONAL LAW — Commonwealth Constitution — implied freedom of political communication — importance of peaceful protest — substantial burden on implied freedom — legislature perceived potential of public assemblies to undermine social cohesion and place community at risk — purpose of provisions to address this mischief by restricting and discouraging public assemblies within declared areas — purpose not compatible with maintenance of the constitutionally prescribed system of representative and responsible government — disharmony, incivility and disruption accepted as features of democratic intercourse — scheme not reasonably appropriate and adapted — PARD scheme a blunt tool — inability under scheme to tailor restrictions to characteristics of particular public assemblies — impugned provisions declared invalid

CONSTITUTIONAL LAW — “matter” — justiciability — standing — plaintiffs assert special interest as protest organisers affected by PARD initially declared on 24 December 2025 — PARD lapsed before hearing — impugned provision conferring power to make a PARD still in force — non-remote risk that a future PARD may be made impacting the plaintiffs in their protest activities — plaintiffs continue to have standing to maintain the proceedings — matter persists and requires resolution — justiciable controversy apt to be quelled — prudential considerations telling against the exercise of jurisdiction not engaged