Neo-Nazis promoting white supremacist views could not be blocked from running in federal elections on ideological grounds, the Australian Electoral Commission (AEC) has confirmed.
Members of the National Socialist Network, a group of neo-Nazis who promote deporting ‘non-white’ Australians, said they intended to register a political party, after about 60 members rallied outside NSW parliament on Saturday.
The rally was condemned as ugly, racist and unacceptable by authorities, with NSW Police and the government under pressure to explain why the notorious group was approved to protest outside the building.
Jack Eltis, who described himself as the leader of ‘White Australia NSW’, posted on social media messaging platform Telegram that the group was “very close” to having the required numbers to register a political party.
“We have the party constitution drafted and ready to submit upon achieving the required number of sign-ups,” Mr Eltis said.
The AEC told the ABC it could not block a group from registering based on their ideology.
In a statement, an AEC spokesperson said it had “no scope under the Commonwealth Electoral Act to consider the following issues: party ideology and related insignia, concerns raised by law enforcement or individuals with criminal convictions”.
Instead, the spokesperson said the governing body could only block parties with names that were “obscene, frivolous or vexatious”, were more than six words long or could be mistaken for another party.
Any group wishing to become a non-parliamentary party (a party with no sitting MP or senator) needed to prove it had 1,500 members, submit its constitution and pay the $500 fee.
“It’s important to remember that the above limitations are set by the parliament via legislation, rather than by the AEC,” the spokesperson said.
The ABC contacted the minister responsible for the Electoral Act, Special Minister of State Don Farrell, for comment.
Grey area around ‘obscene’ name rule
The National Socialist Network had suggested running under the name ‘White Australia’ but had not yet applied to the AEC.
Australian National University lecturer in the School of Politics and International Relations Jill Sheppard said there was a grey area around what constituted an “obscene” name.
Dr Sheppard says the AEC historically takes a low-intervention approach. (Supplied)
“The AEC will be hoping desperately that they don’t have to make this decision,” she said.
Dr Sheppard said the AEC historically took a low-intervention approach and left decisions about which parties should be in office to voters.
“If voters decide a party is too ideologically unpleasant, then they won’t vote for them.”
Minns says NSW could block neo-Nazi party
While the AEC has minimal discretion over party registration, the NSW Electoral Commission appears to have more scope to block parties registering in NSW.
On its website, the Commission said parties needed 750 people to register, but there was “no limit on the matters the NSW Electoral Commissioner may take into consideration when determining the decision to register a party”.
In a statement to the ABC, a spokesperson for the Commission said applications were considered “on a case-by-case basis”.
Premier Chris Minns said on Wednesday his state’s electoral body had the “highest barriers to entry to new political parties of any jurisdiction in the country”.
Chris Minns warned those considering signing up in his state. (ABC News: Ethan Rix)
“I would assume that a nakedly racist organisation would be at very strong risk of breaching that public interest test,” he said.
He warned those considering signing up such a party in NSW.
“That’s 750 people who would effectively be outing themselves as associated with neo-Nazis,” he said.
“And anyone who is thinking about signing the paperwork to register this political party has to think long and hard about whether they want their name and their reputation publicly associated with Nazis.”
Mr Minns has indicated the government will toughen legislation against hate speech and the right to protest near places of worship, despite the latter laws being ruled invalid by the Supreme Court.
Greens MP Sue Higginson said toughening those laws would not prevent Saturday’s protest, and she urged against giving police more power.