On Sunday afternoon, Jan. 4, 2026, around 300 men and women assembled in Sydney’s Town Hall to respond to the sensational news of Venezuelan president Nicolás Maduro’s arrest. Others were there in protest of the U.S. military action, while the rest came out to celebrate it. The protest rally confused very strict new laws in New South Wales (NSW) that had just been passed to help clamp down on protests. There was one big question in people’s minds: If protests are currently “banned” in Sydney, how did this happen?
Understanding the New “Protest Ban”
The NSW government implemented new laws with lightning speed after the horrific terror attack in Bondi on December 14, 2025. These laws grant the police commissioner authority to halt “authorising” protests for as many as three months following a terrorist incident.
These powers were switched on on Christmas Eve. That’s why police are now, at least on paper, refusing to accept “Form 1″ applications, the paperwork organisers typically submit to receive permission for a march.
“Unauthorised” vs. “Illegal”
Crucially, an “unauthorised” protest is not by definition illegal.
• Authorised Protest: With police-approved paperwork, protestors receive “legal immunity.” That is to say, they cannot be arrested for something as simple as blocking a road or obstructing the flow of traffic.
• Unauthorised Protest: In the absence of paperwork (or if it is denied), the protest can still occur. But its residents are anything but safe. They can be arrested immediately for “obstructing traffic” if they block a street or sidewalk.
The Venezuelan march on Sunday took place because people just turned up. Because it was a “static rally” (i.e. it did not take the form of a protest march through the streets but took place at Town Hall), it made it more feasible for organisers to hold it without being immediately blocked.
What Exactly is a “Breach of the Peace”?
Three arrests were made at the rally. The police didn’t arrest them for “protesting,” but rather claimed the power to arrest under a breach of the peace.
This is an old police power that the authorities may use to detain someone if they believe violence is on its way or if a big disturbance, such as a block party, is about to occur. For instance, one man was pushed off in a different direction after yelling slogans aimed at the opposing group to stop a fight from breaking out. Not infrequently, such arrests conclude with the individual being held in a police van and later released without even having a record of arrest.
What Happens Next?
The existing “ban” on authorised protests is being time-limited to two weeks. This has kicked off a huge debate around freedom of speech. The NSW Government says these laws are keeping the community safe and allowing police to prevent crime in relation to the Bondi attack. On the other hand, advocacy groups such as the Palestine Action Group and Blak Caucus argue that the laws are too harsh and plan to challenge them in court. Many legal experts are also concerned that, if these laws do remain in place, they will be utilised to shut down annual protests, such as the Invasion Day rallies held each January 26.
For the time being, Sydneysiders can still come together and make themselves heard, as long as they don’t mind doing it without the police’s “authorised” blessing and thereby taking their chances with being moved on or arrested if they make too much of a commotion.
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