One possible High Court outcome is that the Justices do not strike the entire hate-group regime, but hold that the specification of a prohibited organisation cannot rest solely on the Minister’s satisfaction (informed by ASIO). They may require that the decisive factual findings be made by a court exercising judicial power.

A possible roadmap from that hypothetical result:

1️⃣. The High Court finds only part of the scheme invalid; being the executive listing mechanism, while leaving the underlying offence provisions capable of operating under a different process.

2️⃣. With the existing listing no longer legally effective, the immediate criminal barrier to membership and support falls away. The White Australia Party could then lodge a complete, unredacted membership list and press the AEC to finish assessing its registration application. Registration would still have to meet the ordinary Electoral Act requirements; 1,500 members etc etc.

3️⃣. Parliament and the ECAJ will likely respond by amending the legislation in line with the High Court result so that a listing (or equivalent order) can only be made after a federal court is satisfied the statutory criteria are met. If the Coalition supports (which they will since they're traitors) or does not block the amendment, the Commonwealth could then commence a fresh proceeding against the organisation.

4️⃣. The organisation would need to raise funds from WAP members and supporters to defend that proceeding.

5️⃣. In that later hearing the court; not ASIO and not the Home Affairs Minister, would have to be satisfied on evidence that the organisation has engaged in, planned, or advocated conduct that meets the definition of a hate crime (or whatever crazy threshold the new Act uses). The new listing and Act itself could again be contested in the high court as to whether it is constitutional.

We must wait until the High Court either uphold the current legislation as is (0% chance), strike parts of it down (50% chance), or trash it entirely (50% chance). 🗑