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The defeat of the Australian government's attempts to outlaw communism in 1950 and 1951 was a significant victory for the protection of civil liberties. Yet for the Australian Council for Civil Liberties, which had fought a long battle against the measures, the result was not greeted with a sense of triumph. The campaign to avert draconian powers exposed a Council struggling to adapt to the Cold War, and revealed tensions in the Council's belief in democratic institutions and the popular opinion that underpinned them. [ABSTRACT FROM AUTHOR]

Legislation introduced by Prime Minister Robert Menzies to ban the Communist Party of Australia in 1950 has been studied in great detail, but there has been little discussion about why Menzies considered that an outright ban was the best way to thwart the Communist Party. Australia did not, for example, follow the American example of public show trials, denunciations and informants, characteristics of the phenomenon known as McCarthyism. This article explores the decision to reject the American model by focusing on legislation that the Liberal Party drafted in 1948, but never introduced. It also details the internal division of the Liberal Party over communism and the conflicted nature of Menzies’ own views. As a consequence, Australia did not introduce the equivalent of the anti-communist state apparatus of the United States. [ABSTRACT FROM PUBLISHER]