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Neo-Nazis lose court bid for stay on hate group listing

The High Court has ruled against neo-Nazi group White Australia, allowing it to be listed as a prohibited hate organisation.

Zac de Silva
AAP
The neo-Nazi group White Australia, formerly known as the National Socialist Network, has been officially banned under new federal laws that came into effect overnight.

Neo-Nazi group White Australia has lost its bid for temporary immunity from hate laws passed after the Bondi terror attack which it says will render it “extinct”.

The organisation, which has been seeking to register as a political party, had asked the High Court to temporarily block its designation as a prohibited hate group.

But on Thursday, Chief Justice of the High Court Stephen Gageler dismissed White Australia’s bid for an injunction.

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White Australia is also challenging the broader constitutionality of anti-hate-speech laws passed after the Bondi Beach mass shooting.

A two-day hearing on the matter is scheduled for September.

Arguing for the injunction on Thursday, White Australia’s lawyer Peter King said the organisation’s listing as a prohibited hate group would permanently shut it down.

“Unless restrained, there will be an extinction of the organisation,” he told the High Court.

Home Affairs Minister Tony Burke declared the neo-Nazi organisation a prohibited hate group in May after receiving advice from spy agency ASIO.

White Australia’s predecessor, the National Socialist Network, announced it was disbanding when the hate laws were introduced.

In reality, Mr Burke said, the group had “phoenixed” - changing its name to White Australia and continuing operations with largely the same members.

Under the government’s declaration, it is a crime to support, fund or join the group.

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