THE state cannot stop "morons" gathering at a controversial neo-Nazi music festival due to be held in Brisbane in April, Attorney-General Paul Lucas says.

Mr Lucas has dismissed calls for legislative change to prevent the Hammered Music Festival from taking place, but said the State Government would act if anyone in attendance incited violence or committed racial vilification, the Courier-Mail reported.

The white supremacist festival has been held on the Gold Coast for the past two years and is organised by the Southern Cross Hammerskins and "white resistance" group Blood and Honour Australia, which states its mission is to "secure the existence of our people and a future for white children".

"We are not in the business of banning people who express moronic, stupid and wrong points of view," Mr Lucas said of the festival.

"If they want to make total fools of themselves and demonstrate their mentality, then that's for them. But if they incite people to violence or breach the anti-discrimination provisions ... then we will refer the matter for investigation and prosecution.

"You can't ban something on the basis of what people might do."

His comments follow a bid by Independent Burnett MP Rob Messenger to compel the State Government to ban the festival.

Mr Messenger is preparing a private member's Bill which will include a mandatory jail sentence and fines for anyone organising neo-Nazi gatherings and has launched an online petition calling for both sides of the house to support legislative changes.

"I'll be looking at a maximum fine of $300,000," Mr Messenger said.

He said neo-Nazi activities were banned in Germany and he believed Queensland risked becoming a laughing stock if the festival was allowed to go ahead for the third time.

Mr Messenger said at the very least he believed the festival was in clear breach of the Anti Discrimination Act.

The e-petition can be accessed via the Queensland Parliament website or via Mr Messenger's website: http:// www.robmessenger.com/anti-neo-nazi-petition. It will close in March