Canteens in the far north Queensland communities of Aurukun and Kowanyama will continue operating in the short-term, despite State Government attempts to shut them down.
The Supreme Court in Cairns has been told the Queensland Government it could be breaching the Racial Discrimination Act.
The State Government does not want Aboriginal councils selling alcohol any more and it has legislated to strip them of their liquor licences.
The Aurukun and Kowanyama councils have gone to the Supreme Court to challenge Liquor Licensing’s decision not to extend their licences until the end of the year.
One of their arguments is that the legislation is racially discriminatory because it only applies to Aboriginal people.
Their lawyer, Douglas Campbell SC, argued it nullified two of the rights outlined in the International Convention on the Elimination of All Forms of Racial Discrimination.
He said the laws restrict Aboriginal people’s ability to take part in the very Australian custom of going to the pub.
Mr Campbell has also presented a police submission to a Government report into the closure of Aboriginal canteens.
In it, police in Aurukun say the canteen there – which serves only light beer – helps reduce sly grog and closing it would prompt an increase in smuggling, home brewing and alcohol-related violence.
They warn that up to 300 people could leave Aurukun to drink elsewhere.
Justice Stanley Jones ordered the canteens could continue to operate while he considers his decision.