AAP
The Finks motorcycle club has won the right to fight Queensland's anti-bikie laws in the High Court.
The High Court on Friday agreed to consider whether parts of the tough state laws, which could result in the club's Gold Coast chapter being declared a criminal organisation, were unconstitutional.
Finks barrister, Bret Walker SC, successfully argued on Friday the case was of such wider importance that it should be heard by the full High Court.
The club was seeking a so-called "reversal application" against a Queensland police application to the state's Supreme Court that would have them branded a criminal group under 2009 laws
Police filed the application against the club, and an
associated company called Pompano Pty Ltd, in June.
If successful, the laws could allow police wide-ranging powers to pursue past and current Finks members by restricting their activities and by banning them from recruiting, entering clubhouses or owning weapons.
Brisbane criminal lawyer Bill Potts, who lodged the application on behalf of the Finks and Pompano Pty Ltd, said the laws were an "appalling step too far".
Friends, brothers, fathers and sons could find themselves declared criminals and prevented from being together if these laws went ahead in full.
"It has a chilling effect on democracy ... on freedoms," Mr Potts told AAP outside the High Court in Canberra on Friday.
"It's not just a matter of bikies, it's about bad law."
He welcomed the High Court decision, saying the aspects of the law questioned the basic freedoms afforded to all Australians.
If the High Court deems the anti-association laws to be proper, then other states and even the Commonwealth could legislate in similar ways.
But if struck down in part for being unconstitutional, the entire laws could become unworkable, Mr Potts said.
He said he expected other attorneys-general to weigh in and support Queensland when the matter comes before the High Court again.
No members of the Finks club were present at the High Court hearing in Canberra.
The application by Queensland police was the first filed under the Criminal Organisation Act 2009, which allows the dismantling of organisations involved in serious criminal activity.
Before the High Court decision, Queensland Attorney-General Jarrod Bleijie said the Liberal National Party had opposed the former Labor government's organised crime legislation.
"We obviously opposed the organised crime bill, the Criminal Organisation Act, when it was introduced by the former government," he told reporters on Friday.
"We believe, in Queensland, the best way to go after the Mr Bigs of the world is through unexplained wealth provisions."
With federal Attorney-General Nicola Roxon meeting her state and territory counterparts in Brisbane on Friday, Queensland is opposing a commonwealth push for national laws on unexplained wealth from crime.
"I can categorically rule that out completely - Queensland will not refer unexplained wealth powers to the commonwealth," he said.
"This is another Big Brother attempt by the commonwealth to try and come in over the top of the states and territories."
Updated comment is being sought from Mr Bleijie on the High Court's decision.
http://news.smh.com.au/breaking-news-national/finks-win-day-in-court-to-fight-bikie-ban-20121005-273l8.html
If successful, the laws could allow police wide-ranging powers to pursue past and current Finks members by restricting their activities and by banning them from recruiting, entering clubhouses or owning weapons.
Brisbane criminal lawyer Bill Potts, who lodged the application on behalf of the Finks and Pompano Pty Ltd, said the laws were an "appalling step too far".
Friends, brothers, fathers and sons could find themselves declared criminals and prevented from being together if these laws went ahead in full.
"It has a chilling effect on democracy ... on freedoms," Mr Potts told AAP outside the High Court in Canberra on Friday.
"It's not just a matter of bikies, it's about bad law."
He welcomed the High Court decision, saying the aspects of the law questioned the basic freedoms afforded to all Australians.
If the High Court deems the anti-association laws to be proper, then other states and even the Commonwealth could legislate in similar ways.
But if struck down in part for being unconstitutional, the entire laws could become unworkable, Mr Potts said.
He said he expected other attorneys-general to weigh in and support Queensland when the matter comes before the High Court again.
No members of the Finks club were present at the High Court hearing in Canberra.
The application by Queensland police was the first filed under the Criminal Organisation Act 2009, which allows the dismantling of organisations involved in serious criminal activity.
Before the High Court decision, Queensland Attorney-General Jarrod Bleijie said the Liberal National Party had opposed the former Labor government's organised crime legislation.
"We obviously opposed the organised crime bill, the Criminal Organisation Act, when it was introduced by the former government," he told reporters on Friday.
"We believe, in Queensland, the best way to go after the Mr Bigs of the world is through unexplained wealth provisions."
With federal Attorney-General Nicola Roxon meeting her state and territory counterparts in Brisbane on Friday, Queensland is opposing a commonwealth push for national laws on unexplained wealth from crime.
"I can categorically rule that out completely - Queensland will not refer unexplained wealth powers to the commonwealth," he said.
"This is another Big Brother attempt by the commonwealth to try and come in over the top of the states and territories."
Updated comment is being sought from Mr Bleijie on the High Court's decision.
http://news.smh.com.au/breaking-news-national/finks-win-day-in-court-to-fight-bikie-ban-20121005-273l8.html
