Magistrate Christopher Callaghan said the laws "obviously" needed to be amended while considering the bail application of 31-year-old Fitzgibbon man David Chung, charged with supplying and trafficking drugs in a syndicate on Brisbane's northside.
The 31-year-old father had no criminal history or links to any bikie gangs but was charged under the Vicious Lawless Association Disestablishment Act as an alleged member of a five-person drug syndicate.
Anyone charged as a "vicious lawless associate" is forced to show cause as to why they should be released on bail whereas in other cases the onus is on the prosecution to prove they should stay behind bars.
Mr Callaghan said he had seen no evidence to support allegations Mr Chung was a participant or member in a criminal gang but the laws forced him to reverse the onus of proof for bail.
"The mere fact that the police make that allegation is enough to place him in the show cause position, which is a sad indictment on the state of that particular law," he said.
Mr Callaghan said he had grave doubts Mr Chung was a member of a criminal organisation.
"This legislation was meant for members of motorcycle clubs that were engaged in unlawful activity," he said.
"However, the mere fact that he was charged and it's in the body of the charge does still bring him under (the relevant laws).
"If those words had not been in the charge I would not have found there was sufficient evidence to show that he was a participant in a criminal organisation.
"I still don't think there is sufficient evidence to show he was a participant in a criminal organisation."
Mr Chung is charged with two counts of supplying a dangerous drug and the more serious count of trafficking between July 2014 and February this year.
He was arrested along with nine others after police raids on The Saucy Wok Chinese restaurant at Aspley and other locations in Brisbane's north and has been in jail since.
Police allege Mr Chung was a principal player in the syndicate, assisting ringleader William Lai by packaging cocaine and arranging for couriers to distribute it to customers.
In a bail hearing on Friday, police prosecutor Sergeant Sean Franklin contended Mr Chung was a safety risk to the community and a flight risk but Mr Callaghan found there was no evidence to support the claims.
Counsel for the defence Douglas Wilson submitted Mr Chung had strong ties to Queensland because he owned a home in Fitzgibbon with his mother, who would be unable to pay the mortgage without his earning power.
He argued this would place financial stress on Mr Chung's wife and their four-month-old son.
PM Callaghan granted him bail with a $25,000 surety and other standard bail conditions.
Two of Mr Chung's co-accused, alleged drug couriers Kelly Gwen Coster and Sean Ronald McDonough, were granted bail earlier in the week by different magistrates without discussion of the VLAD laws.
Conditions imposed on their bail included no contact with their co-accused or with prosecution witnesses.
Mr Callaghan did not impose these conditions on Mr Chung.
He said the no contact with witnesses condition in particular was "ridiculously unenforceable" given the prosecution had not yet decided on its witnesses.
The alleged ringleader of the drug syndicate, William Lai, is due before court to apply for bail next week.
Queensland Attorney-General Yvette D'Ath has promised to review the anti-bikie laws and launch a commission of inquiry into organised crime.