White Australia Party’s prohibited hate group listing under review

White Australia Party’s prohibited hate group listing under review

The Labor government’s listing of the White Australia Party as a prohibited hate group is being reviewed by a parliamentary committee.

The Parliamentary Joint Committee on Intelligence and Security (PJCIS) commenced its review on Monday, and public submissions are open until July 13.

The White Australia Party was banned on May 15 under new laws passed by both major parties in response to the Bondi Islamic terrorist attack, and is challenging the listing and the laws on constitutional grounds in the High Court.

Civil liberties groups and legal experts have warned the prohibited hate group legislation is open to abuse, can be used to ban any political party, and “abolishes” liberal democracy, but the government has said the laws are necessary to protect the community from harm.

Labor senator Raff Ciccone, Chair of the PJCIS, noted the White Australia Party’s listing was the second being reviewed by the committee, after it determined the banning of Islamist group Hizb ut-Tahrir in March was justified.

“The Parliament has established a framework to ensure organisations that promote hatred, normalise extremist rhetoric and risk social cohesion are subject to strong legal consequences,” Mr Ciccone said.

“The Committee’s review is an important safeguard. It allows the Parliament and the Australian community to scrutinise the listing and ensure the framework is operating as intended.”

The committee previously reviewed the listing of Hizb ut-Tahrir and concluded the group “meets the legislative criteria for listing as a prohibited hate group and that the listing has been properly made”.

The only submission on the White Australia Party listing published so far is from Minister of Home Affairs Tony Burke, and includes a timeline of the department’s process in making the specification.

The timeline of the listing in the submission by the Home Affairs Minister (PJCIS)

The timeline shows that the Department of Home Affairs began drafting the listing on December 30, but ceased when the National Socialist Network announced its disbandment on January 18 in response to the new legislation being announced.

Then on April 25, the same day as the White Australia Party filed documents to register as a political party, the acting Director-General of ASIO recommended the ban.

The White Australia Party and Thomas Sewell then filed a constitutional challenge that is set to be heard by the High Court in September, and has raised $190,000 so far to cover legal expenses.

The case will determine whether the laws infringe upon the freedom of political communication granted to all Australians under the constitution.

The White Australia Party will also argue the laws “authorise proscription of a political party by executive designation”, and exclude the plaintiffs from the “political life of the nation”.

The May 15 listing instantly made it illegal to direct, be a member of, recruit for, train, fund or support the group, punishable by up to 15 years’ imprisonment.

Header image: The now-disbanded National Socialist Network before a rally last year (supplied).

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