Australia High Court hears challenge to ban on White Australia party

Lawyers for Australia's outlawed White Australia party have begun a High Court challenge to the legality of the ban, arguing that the law is unconstitutional and authoritarian in nature. The case is being heard over two days this week in Canberra. It centres on whether the federal government had the power to list the group as a prohibited hate organisation.

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The party was formerly known as the National Socialist Network. It was designated an illegal hate group in May after the Australian Security and Intelligence Organisation passed on a recommendation to home affairs minister Tony Burke. Under the listing, supporting, funding, training, recruiting or joining the group is a criminal offence carrying a maximum penalty of 15 years in prison.

On Tuesday, the party's barristers Peter King and Shahed Sharify argued that the ban breaches the implied freedom of political communication and that giving the decision to the minister breaches the separation of powers. They also said the commonwealth does not have the power to ban a political party, pointing to the High Court's 1951 ruling that overturned an attempt to ban the Communist Party of Australia. The lawyers described the ban as a "sledgehammer on a nut" and said the law allows a politician to make a decision based on opinion without judicial fairness or appeal.

The challenge is focused on part 5.3B of the criminal code, which allows the federal police minister to recommend that the governor-general list a group as a prohibited hate organisation. The party's lawyers say that framework is invalid because it places too much power in the hands of the executive. They also argue that the law could be used too broadly against political organisations if members have threatened or carried out hate crimes with the group's assistance.

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The case matters because it tests how far Australia can go in restricting extremist organisations while still protecting constitutional freedoms. The anti-hate laws were introduced after the Bondi terror attack, and the current challenge could affect how future bans are made and reviewed. It also raises questions about whether such decisions should rest with ministers or with judges.

The government is expected to defend the law, but the full response was not included in the material available. What remains unclear is how the High Court will balance national security concerns against the implied freedom of political communication and the separation of powers. The outcome could have wider implications for the way Australia handles extremist groups and criminal listings in future.

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