Part II Prohibition of racial discrimination Section 8 Part II—Prohibition of racial discrimination 8 Exceptions (1) This Part does not apply to, or in relation to the application of, special measures to which paragraph 4 of Article 1 of the Convention applies except measures in relation to which subsection 10(1) applies by virtue of subsection 10(3). Charities (2) This Part does not: (a) affect a provision (whether made before or after the commencement of this Part) of the governing rules (within the meaning of the Australian Charities and Not-for-profits Commission Act 2012) of a registered charity, if the provision: (i) confers benefits for charitable purposes; or (ii) enables such benefits to be conferred; on persons of a particular race, colour or national or ethnic origin; or (b) make unlawful any act done to give effect to such a provision. 9 Racial discrimination to be unlawful (1) It is unlawful for a person to do any act involving a distinction, exclusion, restriction or preference based on race, colour, descent or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of any human right or fundamental freedom in the political, economic, social, cultural or any other field of public life. (1A) Where: (a) a person requires another person to comply with a term, condition or requirement which is not reasonable having regard to the circumstances of the case; and 6 Compilation No. 17 Racial Discrimination Act 1975 Compilation date: 10/12/15 ComLaw Authoritative Act C2016C00089 Registered: 29/1/16