Neo-Nazi group told by AEC it can’t become a political party while it hides identities of members

A neo-Nazi group has been told it cannot become a political party if it continues to redact the names of its potential members, as it launches a legal 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 launched a constitutional challenge in the high court of Australia on Friday against the ban by the federal government.

In a cover letter sent to the Australia Electoral Commission (AEC) on 25 April 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 members’ identification.

The group said it plans to submit its membership details – and progress its application – pending a decision by the high court, with a spokesperson saying it did not want to “doxx” its members. The group has requested a court order to prevent the commonwealth from taking any action against the group while the constitutional challenge is under way.

The AEC has made a preliminary decision, and told the group its application would be invalid, due to not submitting details of its members. But electoral rules mean a formal decision on the group application will not be made until July. The listing is separate to the AEC’s process.

“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 for its application to proceed after the writs were returned, it would need to include all the contact details of its members.

Under the electoral act, the commission is unable to formally register or reject the registration of a political party during the period between the issuing of the writs and the return for a Senate or House of Representatives election. The writs for the Farrer byelection, held on 9 May, are due to be returned before 10 July.

The group could ask for 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 to be registered, with each member’s contact details as they appear on the electoral roll – which the commission verifies.

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The neo-Nazi 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 over the law, arguing it “operates as a doorway to tyranny”.