Arabic version: طعن أمام المحكمة العليا يختبر حظر «وايت أستراليا»

According to ABC News, several legal experts believe there is a significant prospect the High Court could overturn the federal government’s ban on neo-Nazi group White Australia, also known as the National Socialist Network. The group was listed as a prohibited hate group in May under new laws introduced after last year’s Bondi Beach terror attack.

White Australia had been seeking to form a political party when Minister for Home Affairs Tony Burke outlawed it. The group is challenging the laws as unconstitutional. Its arguments include that the federal government lacks power to make the law, that it breaches the implied freedom of political communication, and that it violates the separation of powers between government and the judiciary.

Constitutional law expert Anne Twomey said the laws appeared to have been rushed through in January without sufficient scrutiny. She pointed to the historical precedent of the High Court invalidating legislation aimed at dissolving the Communist Party in the 1950s. Professor Anthony Gray said the government argues that potential harm caused by a proscribed group justifies limits on otherwise protected political communication.

The case is scheduled to be heard in Canberra on September 8 and 9, with a judgment not expected for several weeks or months. NSW Labor MP and former barrister Stephen Lawrence warned that a victory could give White Australia leader Thomas Sewell undeserved publicity. However, Jamie Hyams of the Australia/Israel and Jewish Affairs Council said any ruling for the group would be decided narrowly on constitutional grounds, rather than amounting to an endorsement of its views. If the ban is struck down, Professor Gray said the federal government would likely try to redraft the legislation.