Facially neutral Queensland legislation prohibiting all local governments from holding liquor licences does not impose a racially discriminatory licensing regime merely because only Indigenous community councils in fact held such licences. The content of human rights protected by s 10 of the RDA may be modified by legislation pursuing a legitimate and non-discriminatory public purpose, such as reducing alcohol-related violence. Where legislation does engage s 10, the special measures exception in s 8 may apply if the political assessment inherent in the measure could reasonably have been made. The three judges reached the same result by different paths: two held s 10 was not engaged; one held s 10 was engaged but the provisions were saved as special measures under s 8.
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