A former member of the Australian neo-Nazi group the National Socialist Network is appealing a police decision to revoke his weapons licence, on the grounds it infringes his right to freedom of political communication.
The Queensland civil and administrative tribunal is hearing an application by Joshua Ryan Hoath, 27, to have the licence reinstated. Hoath has argued that his “political views, activities, or communications” should not have been considered by police.
The tribunal heard Hoath was a member of the now-disbanded NSN for about 18 months and attended a number of demonstrations, prior to April 2024.
He acknowledged the group was a neo-Nazi organisation, but told the tribunal he had joined up “for the social aspect behind the group and the fitness activities performed as well as the adventures of travelling to new places for the set activities”.
In March 2024, police searched Hoath’s property and found 16 firearms and ammunition.
They also found “a number of items of interest” including “not one, but two copies of Mein Kampf” in a bookshelf with other fascist publications, the tribunal heard.
Police tendered photographs to the tribunal that included an A4-sized framed photograph of Hoath being “embraced by a person identified as the Queensland leader of the NSN, Gabriel Seymour”. The framed picture had been on Hoath’s bedside table.
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The tribunal also heard that Hoath had a number of other framed pictures of media articles about neo-Nazi events. One of these had the words “14” written in the corner, apparently a reference to a common white supremacist slogan.
Hoath told the tribunal he had “attended a number of marches, or protest-type events”, including a protest at Ipswich after the killing of Vyleen White. After the event, police identified Hoath as a member of another white supremacist group, the European Australian movement.
This led to the weapons search. Police then revoked Hoath’s firearms licence, declaring he did not meet the “fit and proper person” test under Queensland law.
Hoath has only one matter on his criminal history – a $400 on-the-spot fine issued in New South Wales during an Australia Day protest march in 2024. He told the tribunal the fine was for “wilfully interfere[ing] with comfort or safety of others”.
Hoath’s appeal makes a number of assertions, including that “in accordance with the Australia Constitution [sic] and High Court of Australia decided case law I have an implied right to freedom of political communication”.
He argues he has a right to freedom of assembly and association under the International Covenant on Civil and Political Rights, and that “as a citizen of Australia, my implied right to freedom of political communication extends to all matters of public affairs and political discussion”.
“My implied right to political communication exists as an indispensable part of the system of representative and responsible government created by the constitution.”
As the grounds of Hoath’s application relate to the interpretation of the constitution, the tribunal adjourned the matter so that federal and state attorneys general could be advised as they may choose to intervene in the proceedings to provide submissions on the constitutional issues.
