In a statement issued on Thursday, NSW Police said the organisation had not received the required form for the protest to go ahead as an authorised event.

“An assembly will be authorised if the organiser serves notice on the Commissioner at least seven days before the assembly and the Commissioner does not oppose the assembly, or the court does not prohibit the assembly,” Thursday’s statement reads.

But Mr Bossi said he met with police on January 13, when he told them of the difficulties of meeting the current public health requirement of a 500-person cap, and that a further meeting was arranged for January 19, a week from the protest.

Invasion Day marches in previous years have attracted thousands of protesters. Credit:Rhett Wyman

He said police cancelled that Tuesday meeting after phoning him to ask whether a form had been submitted, to which he answered that it hadn’t.

The Sydney Morning Herald has contacted NSW Police regarding Mr Bossi’s comments.

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In the earlier statement, NSW Police said it recognised “the rights of individuals and groups to exercise their rights of free speech and peaceful assembly, however, our first priority is – and always will be – the safety of the community.”

More than 2000 Facebook users have said that they are attending the rally, according to the event’s social media page.

The organisers of the rally say they have a COVID-19 safety plan in place, which includes encouraging people to wear masks and social distance.

“Unlike COVID, the virus of colonial racism can not be defeated by self-isolation or quarantine. We need to come together and fight back,” the Facebook event reads.

NSW Premier Gladys Berejiklian said this week that she understood people’s strong feelings, “but the NSW health orders are in place this year for a reason, and people must respect them.”

“In the interests of public health, the police will take any necessary steps to make sure the rules are not broken,” she said in a statement.

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