The right to possess liquor without restriction as to type or quantity is not a 'human right or fundamental freedom' within the meaning of s 10 of the Racial Discrimination Act 1975 (Cth) (per Holmes and Chesterman JJA). However, McMurdo P held that racially discriminatory liquor laws do engage s 10 through Art 5(a) of the Convention as they deny equality before the law in the right to equal treatment before organs administering justice. All three judges agreed that the Palm Island liquor restrictions were special measures under s 8. Consultation with beneficiaries of special measures is highly desirable but not a mandatory legal prerequisite for validity under s 8.
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