NSW Police Commissioner Mal Lanyon on Tuesday is expected to make a decision on whether to extend restrictions on public assemblies for another fortnight.
The current declaration has already been extended, but if the commissioner chooses to draw it out again, the January 26 protesters will not be able to march through Sydney's streets.
Blak Caucus, which organises the annual protest, is hoping for the best.
"We're not here to cause any harm to the police or anyone in society," Blak Caucus member Elizabeth Jarrett told AAP.
"The police should respectfully stand aside and let us march."
Protesters had planned to march through the city from Hyde Park as they raised their voices on issues like the gap between Indigenous and non-Indigenous health outcomes, deaths in custody and systemic racism.
While the police declaration does not explicitly ban protests, it prevents NSW residents from seeking authorisation for rallies, leaving participants vulnerable to arrest for obstructing traffic or pedestrians, or marching through the streets.
The power to make these declarations was controversially given to the commissioner in laws rushed through parliament after the Bondi terror attack, when two gunmen opened fire and killed 15 people.
A national day of mourning has been announced by the federal government to remember the victims and is set to take place on Thursday.
Ms Jarrett, a Gumbaynggirr, Bundjalung, and Dunghutti woman, has urged the state to allow First Nations people to mark their own day of grief.
"How good of a police department are you going to be if you're going to stand against sovereign people and their allies, and threaten mass arrest on our national day of mourning that's been held since 1938?" she said.
Protests have taken place since the restrictions were imposed, including a rally on Indigenous deaths in custody.
During the event, police issued a move-on direction as organisers suggested participants cross the road in smaller groups to ensure they did not block the streets.
Though many disagreed with the orders, the protest's organiser urged attendees to comply for their own safety.
Should the declaration encompass Invasion Day rallies, Blak Caucus would provide similar directions to protesters, Ms Jarrett said.
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