eBay has defended its decision to ban Zaky Mallah from listing his infamous hat for auction on its website, despite legal action from the controversial figure.

On Monday, Mallah tried to sell his marijuana leaf emblazoned cap he wore during his appearance on Q&A in June, where he was accused by some of making comments that supported Islamic State.

eBay removed the listing, which prompted Mallah to sue the online auction site for $30,000, according to documents lodged with the New South Wales Civil and Administrative Tribunal (NCAT).

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A spokesperson for eBay told The New Daily that Mallah had violated “a number of eBay policies”.

“The listing violated a number of eBay policies and we have very clearly shared the steps that the seller can take to address the issues,” an eBay spokesperson said.

“Everybody is bound by these policies on eBay, so we are unable to make any exceptions for this listing regardless of where the bidding got to.

“Hopefully the seller is able to address the issues and get the hat back up pretty quickly if he would like to.”

When questioned, the spokesperson said Mallah would have to disclose which policies he broke, becuase eBay could not do so without his permission.

“Zaky has the full detail on policies violated and how to address each of them,” the spokesperson said.

Earlier on Thursday, Mallah told The Guardian that eBay had indicated to him the hat violated “the company’s policy against gratuitous comments”.

“We encourage our sellers to avoid the use of unrelated words that has nothing to do with the item for sale,” eBay wrote in an email to Mallah.

It also said Mallah’s claim he would donate some of the hat’s proceeds to charity needed written consent from his choice.

Mr Abbott was incensed with the episode at the time it aired. Photo: Getty

He did not reveal if he had breached any other policies.

“You can’t just put a famous, unique hat on eBay without explaining the history of it, the context of it, the exchange between me and [Liberal MP] Steve Ciobo,” Mallah said.

The damages claim sought to recover “the $15,000 I believe (I) would have received for the hat, and the other $15,000 for the time it took to put this application through, and the headaches and stress”.

The hearing is listed for January 19th, 2016.

Mallah rose to infamy in June when he was accused of making comments in support of IS live on Q&A.

“The Liberals now have justified to many Australian Muslims in the community to leave and go to Syria and join ISIS because of ministers like him,” he said.

It was in response to Mr Ciobo claiming he would “be pleased to be part of a government” that would have stripped Mallah of his citizenship,

Mallah was tried and acquitted of terrorism charges in 2005.

But under new laws, he seemed to claim he could have been stripped of his citizenship despite that.

The exchange sparked then Prime Minister Tony Abbott to instruct Coalition members to boycott the program.

The New Daily has contacted Mallah for comment.