Commissioner of Police (NSW Police Force) v Naser

[2025] NSWCA 224

NSW Court of Appeal

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Interrogate

Catchwords

1. Public Assembly
2. › Regulation of public assemblies
3. › Prohibition order
4. › Commissioner of Police seeking prohibition under s 25(1)
5. › Effect of prohibition order
6. › Whether order merely removes authorised status or constitutes general prohibition enforceable by contempt
7. › Balancing democratic right of free speech and public assembly against public safety
8. › Whether public safety risks unacceptable
9. › Summary Offences Act 1988 (NSW), ss 22, 23, 24, 25, 26, 27
1. Constitutional Law (Cth)
2. › Constitutional freedoms
3. › Implied freedom of political communication
4. › Sydney Opera House Trust By-law 2021 (NSW)
5. › Whether provisions impermissibly burden implied freedom
6. › Unnecessary to decide

Quick Take

A prohibition order under s 25(1) of the Summary Offences Act 1988 (NSW) operates as a general prohibition on the holding of the public assembly, breach of which may constitute contempt of court, and is not confined to merely depriving the assembly of authorised status under s 24.