NSW Premier Chris Minns has done so emergency laws defended tightening gun controls and limiting public protest as “extraordinary measures” to ensure security after fierce criticism.
The omnibus legislation was rushed through during a two-day emergency session and passed the Legislative Council shortly before 3am on Wednesday morning.
The package passed by 18 votes to eight, with the Liberals supporting the government while the Greens abstained. The Nationals opposed further firearms restrictions.
The laws include a last-minute change from the Greens to ban gun ownership for anyone under investigation for terrorism-related crimes, as well as members of their households.
Minns said on Wednesday he recognizes the laws did not have the full support of people living in the state, but said they are the “best way to ensure we do everything possible to keep the people of New South Wales safe”.
Under the reforms, proposed in the wake of the Bondi terror attack that claimed 15 lives, gun ownership will be restricted, magazine capacity reduced and licensing requirements tightened.
The legislation also gives police the power to restrict public gatherings for limited periods after a terrorist incident has been formally declared under the Terrorism (Police Powers) Act.
Such restrictions may be imposed for a maximum of 14 days at a time, extendable for up to 90 days, and require approval from both the Police Commissioner and the Minister of Police.
NSW Police Minister Yasmin Catley defended the hasty changes as necessary.
“I have not apologized because I got here so quickly and took action quickly,” she told Sydney radio station 2GB on Wednesday.
“We don’t want to see this [attack] again.”
The omnibus legislation cleared the Legislative Council shortly before 3 a.m. on Wednesday morning. Source: MONKEY / nice Gerard
Home Secretary Tony Burke said the sharing of information between national and state agencies about gun license holders is a crucial gap that needs to be closed.
The alleged murdered 50-year-old gunman, Sajid Akram, legally bought three guns in one day in 2023, while his 24-year-old son, Naveed, was investigated by the Australian Security Intelligence Organization in 2019.
“Right now there is a system in place where the states have limited exchanges of actual convictions and limited criminal intelligence,” Burke said.
Some of the legislation will be immediately enforceable, the Prime Minister said, including protest law reforms, while elements of the gun law reforms, such as buybacks, will take time.
But gun owners who now buy more than four guns are committing a crime, the prime minister said.
Minns said there would be more proposed changes to state legislation in the new year and the government would focus on combating Islamic extremist terrorism.
Constitutional challenge announced
The protest provisions have drawn fierce criticism from civil liberties groups and protest organizers, who argue that the laws undermine democratic rights and the implied constitutional freedom of political communication.
A coalition of groups, including the Palestine Action Group, Jews Against the Occupation ’48 and the Blak Caucus, have announced a constitutional challenge.
Josh Lees, an organizer at the Palestine Action Group, said the measures threaten the ability of communities to come together and speak out on pressing issues, including Indigenous deaths in custody and the annual Invasion Day march on January 26.
“These laws will deprive everyone in NSW of the right to come together as a community to express their views,” Lees said.
Lees also condemned the attack in Bondi Beach and rejected any attempt to link it to pro-Palestinian protests, describing such claims as unfair and inflammatory.
The NSW Council for Civil Liberties and the Jewish Council of Australia (JCA) have also opposed the reforms, arguing they were driven by political pressure rather than a clear assessment of community safety.
“He seems to think he can find his way into social cohesion by regulating it through laws and using police powers to make arrests. That’s not how it’s happening,” Timothy Roberts, president of the NSW Council of Civil Liberties, recently told SBS News.
Naama Blatman, executive member of the JCA, said: “What happened in Bondi was a vicious anti-Semitic attack, but let it be very clear: there is nothing linking this attack to the movement for justice in Palestine.”
The NSW-ACT Aboriginal Legal Service (ALS) also raised concerns that the laws could “restrict legitimate and peaceful protests on Survival Day”.
“Aboriginal people have resisted and protested against colonization for more than 200 years. Since the Day of Mourning of 1938, January 26 has been marked as a day of protest and solidarity against the unjust dispossession of Aboriginal and Torres Strait Islander peoples,” said Nadine Miles, head of ALS’s legal department.
“The right to protest is a cornerstone of a functioning democracy. Aboriginal deaths in custody and incarceration of Aboriginal people are at record highs both in NSW and nationally,” Miles said, adding that ALS was also concerned the laws could impact upcoming gatherings to mark the 10th anniversary of the in-custody death of David Dungay Jr. to commemorate.
“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 Aboriginal voices.”
Dissents also arose within Labour’s own ranks.
State government backbenchers Anthony D’Adam and Stephen Lawrence warned in parliament that restricting peaceful protest could have unintended consequences. Lawrence said removing legal avenues for dissent risks creating a “pressure cooker” effect that could lead to greater instability.
Minns defended the legislation Wednesday, calling concerns about the right to protest “exaggerated.”
He said the powers would only be used sparingly and the laws would only apply after events classified as terrorist attacks.
“We’ve had very few terrorism designations in recent years. Right now we have one, but it’s the worst terrorist event in the state’s history.”
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