Queensland's controversial anti-bikie laws will stand, High Court rules
Australia's High Court has struck out a challenge to Queensland's contentious anti-bikie laws.
The High Court handed down its decision in Canberra on Friday morning.
Seventeen motorcycle gangs funded the legal challenge to the Newman government's Vicious Lawless Association Disestablishment Act and related legislation.
"The plaintiff argued that the laws creating the new offences in the Criminal Code and the Liquor Act impermissibly enlisted the court to give effect to the parliament's or the executive's intention to destroy criminal organisations," the High Court judgment summary said.
"This argument was not accepted."
The challenge was lodged by Hells Angel member Stefan Kuczborski with the support of the United Motorcycle Council, which represents 17 gangs, but it failed on two fronts.
First, the court did not accept Mr Kuczborski's arguments that the laws were in effect too harsh, were constitutionally invalid, and breached notions of equal justice by restricting the association rights of motorcycle gang members.
Second, they found he lacked standing to pursue a challenge because he'd never been charged with, or never indicated he was going to commit, any offence which would have exposed him to the laws.
"The High Court unanimously held that the plaintiff lacked standing to seek a declaration that those laws were invalid," the court found.
The summary judgment said the laws didn't impose restrictions on Mr Kuczborski's freedom as he had not been charged with any criminal offence.
The laws, introduced in October 2013, allow for bikie gangs to be declared criminal organisations and ban members from wearing club logos and gathering in public.
Members are prohibited from certain occupations and if convicted of serious crimes, face longer prison sentences than others.
Solicitors-general from five states as well as the Northern Territory and the Commonwealth argued in support of the laws.
Many of those jurisdictions are now expected to pursue their own laws, mirroring the ones in Queensland.
Australian Motorcycle Council chairman Shaun Lennard said he was surprised by the decision, but needed time to look over the judgment.
"I've just started to read over it now, so I haven't really had time to reflect on it, but I'm surprised...," he told AAP.
Premier Campbell Newman is busy greeting world leaders as they arrive in Brisbane for the G20, and had no immediate comment.
He's expected to hold a press conference shortly.
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