A neo-Nazi group has been told by the Australian Electoral Commission (AEC) that it cannot become a political party if it continues to redact the names of its potential members. This development comes as the group launches a legal challenge against being designated as a banned hate group.
Background of the Case
The White Australia party, also known as the National Socialist Network, and its national president Thomas Sewell filed a constitutional challenge in the High Court of Australia on Friday. The challenge targets the federal government's ban on the group.
In a cover letter sent to the AEC on 25 April as part of its application to form a political party, the group stated it intentionally provided a redacted list of 1,779 members to protect their identities. The group said it plans to submit its membership details—and progress its application—pending a decision by the High Court. A spokesperson explained that the group did not want to “doxx” its members.
Legal Strategy and AEC Response
The group has requested a court order to prevent the Commonwealth from taking any action against it while the constitutional challenge is underway. The AEC has made a preliminary decision and informed the group that its application would be invalid due to the lack of required member details. However, electoral rules mean a formal decision on the group's application will not be made until July.
An AEC spokesperson stated: “The AEC’s preliminary view, which has been communicated to the applicant, is that the application does not contain the necessary elements to be valid. A formal determination cannot be made until the return of the Farrer byelection. Once the writ is returned, the outcome of a formal assessment will be communicated to the applicant.”
The AEC communicated that for the application to proceed after the writs are returned, it must include all contact details of its members. Under the Electoral Act, the commission cannot formally register or reject a political party registration during the period between the issuing of the writs and their return for a Senate or House of Representatives election. The writs for the Farrer byelection, held on 9 May, are due to be returned before 10 July. The group could request a review of the formal decision within 28 days of it being made.
Membership Requirements
To be registered, a party must submit between 1,500 and 1,650 members to the AEC. Each member's contact details must match those on the electoral roll, which the commission verifies.
High Court Challenge
The neo-Nazi group’s solicitor, Matthew Hopkins, filed the legal challenge on Friday in the High Court on behalf of Sewell and the party. The challenge argues that the law used to ban the group “operates as a doorway to tyranny.” The group contends that the legislation is invalid because it “burdens the freedom of governmental and political communication.”
In its application, the group wrote that the name “White Australia” reflects the “principle political objective of the party described as preservation of Anglo-Celtic heritage for the Australian people.” The court documents also state that the party registered as an incorporated association on 20 December last year under the Associations Incorporation Reform Act 2012 in Victoria. It said the party applied to the AEC to become an “eligible political party” and to “satisfy formal requirements to compete for and win seats at the next federal general election and any intervening by-election” in the federal parliament.
Impact on Elections
Individual members of White Australia will still be able to run at the next election, despite the AEC’s rejection, but they will run as independents. This means no party name or logo will appear on ballots. On the Senate ballot, individuals would be placed below the line unless they are part of a group of other independents.
