White Australia party told it can’t register as political party while hiding members

A neo-Nazi group has been told by the Australian Electoral Commission (AEC) that it cannot register as a political party while it continues to redact the names of its potential members, as it launches a constitutional challenge to being designated as a banned hate group.

The White Australia party, also known as the National Socialist Network, and its national president Thomas Sewell filed the challenge in the High Court of Australia on Friday against the federal government’s ban.

In a cover letter to the AEC on April 25 as part of its application to form a political party, the group said 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 High Court decision, with a spokesperson stating it did not want to “doxx” its members. It has requested a court order to prevent the commonwealth from taking action during the challenge.

The AEC made a preliminary decision, informing the group its application would be invalid due to the missing member details. However, electoral rules mean a formal decision will not be made until July.

“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,” an AEC spokesperson said.

“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 to the group that 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 party during the period between the issuing of writs and the return for a Senate or House of Representatives election. The writs for the Farrer byelection, held on May 9, are due to be returned before July 10.

The group could request a review of the formal decision within 28 days of it being made.

A party must submit between 1,500 and 1,650 members to the AEC for registration, with each member’s contact details as they appear on the electoral roll, which the commission verifies.

The group’s solicitor, Matthew Hopkins, filed the legal challenge on Friday in the High Court on behalf of Sewell and the party against the commonwealth, arguing the law “operates as a doorway to tyranny.”

The group argues that the law used to ban it is invalid because the legislation “burdens the freedom of governmental and political communication.”

The application states that Sewell is the party’s national president and “representative of the 1,778 members of the White Australia Party.”

In its application, the neo-Nazi 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.”

Court documents also state that the party registered as an incorporated association on December 20 last year under Victoria’s Associations Incorporation Reform Act 2012. It said it 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 byelection.

Individual members of White Australia may still run at the next election, despite the AEC’s rejection, but will run as independents with no party name or logo on ballots. On the Senate ballot, they would be placed below the line unless grouped with other independents.