Police will not be intervening to stop the vigil planned by pro-Palestinian supporters on Monday October 7.
While the community sentiment surrounding the date is recognised, the organisers of the protest have complied with their legal requirements under the Public Assemblies Act (PAA).
The PAA does not provide the Commissioner of Police any authority to prevent or not approve an assembly, vigil or protest on moral grounds.
There is no intelligence to suggest that the circumstances that have resulted in eastern states seeking a ban through the courts exist in SA.
It is important to note these protests have been occurring frequently since 7 October 2023 without incident. Each of those protests have been peaceful and police have no intelligence to suggest this protest will be any different.
Police acknowledge the right to protest peacefully and assemble in South Australia. But those involved are legally obliged to act in a lawful manner. Illegal activities and violence will not be tolerated.
Assistant Commissioner (Metropolitan Operations Service) Scott Duval said police were aware of the increased community sentiment surrounding the planned October 7 protest.
"Planning for the protest is advanced and police will have sufficient resources in place to ensure both community safety and that the legal obligations of those present are met,'' Mr Duval said.
Any individual who possesses a Hezbollah flag, a Hezbollah poster or wears a Hezbollah clothing featuring its flag or deceased leader will be facing police action under Section 37 of the Summary Offences Act.
While the Commonwealth Criminal Code Act legislation is legally problematic, the State-based legislation makes it clear that an offence committed by displaying any material that condones, supports or promotes a terrorist organisation or terrorism can be prosecuted.
"Any individual involved in this activity will be dealt with swiftly. There will be a low tolerance for any breaches detected not just during this weekend's activities, but at any time,'' Mr Duval said.
"The priority of SA Police is to ensure that any gathering or protest, regardless of the cause being ventilated by those involved, is conducted peacefully and that disruptions to other members of the community are minimised.
"Similarly, any protestors whose actions poses a risk to public safety or those present will be dealt with accordingly by police using any applicable powers under the legislation''.
