A neo-Nazi group that was recently banned as a hate organization has initiated legal proceedings against the Australian Commonwealth, challenging the constitutional validity of the prohibition. The National Socialist Network (NSN), also known as White Australia, had been declared a prohibited hate group by the federal government on Friday under legislation enacted following the Bondi beach terror attack in December.
Background of the Ban
The federal government outlawed the NSN, which has ambitions to form a political party, by listing it as a prohibited hate group. This action came under new laws passed after the Bondi incident. The group had announced its dissolution just hours before the legislation was introduced during a special parliamentary session in January. However, Home Affairs Minister Tony Burke stated on Friday that the group had effectively "phoenixed," with members continuing to organize activities.
Legal Challenge Filed
Solicitor Matthew Hopkins, who has previously represented NSN leader Thomas Sewell, lodged a legal challenge in the High Court of Australia on Friday. The challenge targets the law used to enforce the ban. Hopkins is acting on behalf of Sewell and the group's proposed political entity, the White Australia Party. Court documents indicate that on January 13, the NSN and the Australian European Movement—some of whose former members helped form the White Australia Party—voluntarily disbanded. However, the documents clarify that the party itself did not dissolve and note Sewell as its president.
Arguments Against the Legislation
The neo-Nazi group contends that the law used to ban it is invalid because it "burdens the freedom of governmental and political communication" and violates the constitution by granting punitive powers to the executive without judicial review. The group argues that the Commonwealth lacks the authority to proscribe a political party, citing the 1951 High Court decision in Australian Communist Party v Commonwealth, which struck down a Menzies government attempt to outlaw the Communist Party as beyond parliamentary power.
"The challenged provisions, in short, operates as a doorway to tyranny, by empowering the executive to name, suppress and criminalise political opponents and opposing views," Sewell and the White Australia Party state in the court documents.
Additional Requests
Alongside the constitutional challenge, the group has submitted an application seeking an interim order from the court to restrain the Commonwealth from enforcing the law until a final determination is made.
Consequences of the Ban
Being listed as a hate group means that any activities related to the NSN or White Australia—including supporting, funding, training, recruiting, or joining—constitute a criminal offence punishable by up to 15 years in prison. The NSN is the second group to be listed under this legislation, following the Islamist group Hizb ut-Tahrir.
Burke and ASIO head Mike Burgess have previously stated that such groups operated in a "lawful but awful" manner, avoiding the higher threshold required for designation as a terrorist organization. When announcing the ban, Burke remarked: "None of this will stop bigoted people from having horrific ideologies, but it does prevent this group from organising, from meeting, and prevents some of the sorts of horrific bigoted rallies that we’ve seen around our country."
