Following ASIO’s recommendation that the Islamist organization satisfied the legal requirements to be listed as a prohibited hate group under recently enacted legislation, the federal government has started the official process of outlawing Hizb ut Tahrir.
The intelligence advice, according to Home Affairs Minister Tony Burke on Sunday, signified the end of the first phase.
Officials are currently putting together a ministerial brief, which will be given to the opposition leader prior to the Attorney General being asked to approve any listing.
After the Bondi terror attack, a new framework was implemented that aims to identify organizations that even if they don’t fit the criteria for a terrorism designation.
Authorities claim incite hatred based on race, nationality or ethnic origin and increase the likelihood of communal or politically motivated violence.
According to Burke, Australia had never before had a way to outlaw a group that “falls short of a terrorist listing.”
If Hizb ut Tahrir is officially listed, the laws expand the offenses targeted at those who promote or threaten violence and permit penalties for individuals who support the group, including members.
The government has promoted the listing power as a means of combating “hate preachers” and extremist organizers who operate both online and in public spaces.
Established in 1953, Hizb ut Tahrir identifies as a political movement and has long been controversial due to its actions, including in Sydney.
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Wassim Doureihi, a spokesperson has denied allegations that the group is violent or hateful, claiming that the argument for a ban is based on “sensationalist” claims.
Burke mentioned, the process will now depend on the government’s ability to show that the group’s actions raise the possibility of hate motivated violence.
This test will be crucial to any final ruling and any ensuing legal battle.
