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The neo-Nazi fight to overturn the federal government’s new laws banning them has revealed a surprising loophole in Australia’s election laws.
Thomas Sewell and his group the National Socialist Network (NSN) are arguing in the High Court that they cannot be banned because they are also a political party, and so banning them infringes on the implied right to political freedom in Australia.
The Australian Electoral Commission confirmed to this masthead that being an outlawed hate group, as the NSN was designated last month, is not grounds to stop it registering a political party and running in elections.
It was a loophole in the federal government’s new hate speech crackdown, the AEC said, but the NSN still had to prove it was a real party.
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