Section 51(5) of the Weapons Act 1990 (Qld), which excluded genuine religious purposes as a reasonable excuse for possessing a knife in a school, is invalid for inconsistency with s 10 of the Racial Discrimination Act 1975 (Cth). When assessing whether s 10 of the RDA is engaged, the relevant rights (such as freedom of movement and freedom of religion) must not be defined by reference to the characteristic of the protected ethnic group that is targeted by the impugned legislation; to do so would defeat the purpose of s 10 by effectively comparing the ethnic group with itself. A kirpan is a 'knife' for the purposes of s 51 regardless of the sharpness of its blade or whether it is sewn into a pouch. The question of whether facially neutral laws with disparate impact on particular ethnic groups engage s 10(1) remains open.
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