Family First Calls for Muslim Brotherhood Ban in Australia: What Would Happen Under Australian Law?

Muslim Brotherhood Ban Australia

Questions over alleged networks, security investigation and Australia’s terrorist-organisation listing system have been raised once again as Family First urges the Australian Government to do more than simply look at the Muslim Brotherhood, but ban the organisation in Australia.

Muslim Brotherhood Ban Australia, Family First National Director Lyle Shelton asked the Albanese Government to look into the Brotherhood’s networks, affiliates and influence in Australia in a media release on 18/9/26. Shelton also requested ASIO and other appropriate security agencies to review the organisation against Australia’s current laws and regulations that would apply to it.

The call came after an event at the Centre for Independent Studies in Sydney last week at which Lord Andrew Roberts, Great Britain’s historian, made a statement. Roberts said the governments need to take action against any organisation that contributes to Islamist extremism and antisemitism. 

What Is Family First Asking the Australian Government to Do?

Family First is not just seeking political questioning of the Brotherhood itself, it is seeking more. Shelton has urged the Australian security services to investigate the organisation and groups he suspects may be connected to it, to see if the security services’ criteria for designating an organisation as a terror group are being met.

The party’s statement mentions the possible connections of companies, charities, NGOs and media organisations as well. The September 18 statement does not create a standalone case against any specific Australian organisations being affiliates of the Muslim Brotherhood; it is an allegation made by Family First and Roberts, who are concerned by the allegation.

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This is significant as an allegation of an organisational connection is not a legal determination.

Is the Muslim Brotherhood Currently Banned in Australia?

Muslim Brotherhood is not on the Australian Government’s list of terrorist organisations.

According to the Australian National Security website there are currently 31 organisations listed as terrorist organisations in the Criminal Code. The published list also does not cover the Muslim Brotherhood, but covers groups like Al-Qa’ida, organisations related to the Islamic State, Hamas, Palestinian Islamic Jihad and more.

However, the Family First’s September 18 statement does not constitute a declaration by Australia that the Muslim Brotherhood is already a terrorist organisation, but rather political action calls on the government to take action.

How Does Australia List a Terrorist Organisation?

A formal process, in line with the Australia’s Criminal Code, exists for the listing of terrorist organisations by regulation. An organisation may be included in the definition of “terrorist-organisation” if it is directly or indirectly involved in, or prepares, plans or assists in a terrorist act, or has been included in the regulations.

The conditions of the regulations depend on a reasonable basis of assurance by the relevant minister regarding compliance from the organisation’s activities with the conditions of the regulations. The government agencies can supply intelligence and assessments, the Department of Home Affairs can assist in the listing process and other agencies are consulted as appropriate to their responsibilities.

The procedure is also accompanied by parliamentary supervision. A listing regulation is laid before both Houses of Parliament, and may be disallowed, and can be looked at by the Parliamentary Joint Committee on Intelligence and Security. Judicial review is also provided for.

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What Would a Listing Mean?

The possibility of listing a terrorist-organisation has legal implications. Australian law provides offences concerning: membership of an organisation, direction of an organisation, recruiting, training, funding and supporting a listed terrorist organisation.

This is the reason why Family First’s demand for an assessment of the current laws is important. More than just political rhetoric would be needed for a government decision – evidence and the statutory criteria set out in Australian legislation would have to be taken into account.

What About Alleged Networks and Influence?

The September 18 statement highlights so-called networks and associated persons in Australia. Roberts said he wanted to see the Brotherhood and organisations it is connected to examined, and Shelton urged the Australian agencies to look into the Brotherhood.

But having an organisation, charity, company or media outlet in Australia does not make a Brotherhood connection. Any such connection would have to be established on the basis of credible evidence and evaluated in the context of the relevant laws and regulations.

Extremism, Antisemitism and the Wider Debate

There is also a political argument in relation to the proposed scrutiny and to wider issues of Islamic extremism and antisemitism. Family First notes Roberts’ action is a reminder of the issues governments should be considering when it comes to organisations and networks that it is alleged are causing these issues.

Roberts’ descriptions of the Muslim Brotherhood and its alleged networks should be interpreted as his personal views, and are not the views of the Australian Government. This is true in respect of specific organisations and persons only where it can be independently established.

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The debate also illustrates a broader international debate on the nature of government action against organisations or networks that have been subjected to legal counter-terrorism requirements that distinguish between lawful political, religious and charitable activity and organisations or networks that meet legal criteria for counter-terrorism action.

What Happens Next? – Muslim Brotherhood Ban Australia

The question now is where does the Australian Government and relevant agencies go from here and whether they will respond to the call for further assessment. So far, there is no clue in the Family First statement of September 18 that the government has made a decision to list the Muslim Brotherhood.

The development is a political calling for further investigation and action for the time being. If it were to be formally listed it would have to go through the formal listing process which follows the applicable statutory threshold and be subject to the mechanisms of oversight of the Australian listing process. 

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Khalid Al Mansoori is a political analyst and journalist who covers GCC diplomacy, Arab League affairs, and regional developments in the Middle East.