Photo: Shixart1985, CC BY 2.0, via Wikimedia Commons
Child car seat rules are the same in every Australian state and territory: a rear-facing seat until at least 6 months, a rear or forward-facing harnessed seat from 6 months to 4 years, and a harnessed seat or booster from 4 to 7 years. This page sets out the rules by age, the front seat rules, and what the driver is legally responsible for. That matters to learners and P platers, because the driver gets the fine and demerit points.
Child restraint rules by age
| Age | Legal minimum |
|---|---|
| Under 6 months | Approved rear-facing restraint (baby capsule or rear-facing seat) |
| 6 months to under 4 years | Approved rear-facing or forward-facing restraint with an inbuilt harness |
| 4 years to under 7 years | Approved forward-facing restraint with an inbuilt harness, or an approved booster seat with a properly fastened lap-sash seatbelt or child safety harness |
| 7 years to under 16 years | An approved child restraint or booster seat, or a properly adjusted and fastened adult seatbelt, depending on size |
This table matches the NSW, Victorian, Queensland, WA, SA, Tasmanian, ACT and NT rules. The ages are minimums. If a child is too small for the next restraint, keep them in their current one (NT, SA).
When can a child use an adult seatbelt?
The NSW, Victorian and SA handbooks recommend a booster seat until the child is at least 145 cm tall. Age 7 is the legal minimum, not a sign the belt fits.
Can a child sit in the front seat?
In a car with two or more rows of seats:
- Under 4 years: never in the front row.
- 4 to under 7 years: only in the front row if every seat behind is taken by other children under 7. They must still use the right restraint.
- 7 and over: any seat, if suitably restrained (WA).
In a car with only one row, such as a single-cab ute, a child may sit in the front in the correct restraint (NSW, TAS, SA).
Never fit a rear-facing restraint in a front seat with a passenger airbag (VIC, SA). If a child in a forward-facing seat or booster must sit in the front, push the seat as far back as it goes (VIC, WA).
Who is responsible for seatbelts?
| Person | Responsibility |
|---|---|
| The driver | Their own seatbelt, every passenger under 16, and making sure no one rides without a seat and belt |
| Passengers 16 and over | Their own seatbelt. Police can fine them directly (NSW, VIC) |
NSW, WA, ACT and NT also say the driver must make sure:
- each passenger has their own seat and belt (no sharing a belt, no two children in one belt)
- there are no more passengers than seatbelts
- no one rides in the boot, on the floor, in a ute tray, or in a trailer or caravan
Never put a belt around yourself and a child on your lap. In a crash the child can be crushed (NSW, NT, ACT).
Penalties
- The driver gets a fine and demerit points for each unrestrained or wrongly restrained passenger under 16, in every state.
- NSW and Victoria use seatbelt detection cameras.
- NSW, ACT and WA apply double demerit points to seatbelt and child restraint offences in holiday periods. Queensland doubles points for a repeat offence within 12 months, including failing to restrain a passenger under 16. See double demerit points in Australia.
Fine amounts change each year, so check the current figure with your state transport department. On L or P plates, a single offence can take you close to your demerit limit. See P plate rules compared.
How to wear a seatbelt properly
NSW calls it “low, flat and firm”:
- Low: the lap part sits on your hips.
- Flat: no twists or folds.
- Firm: pull out the slack, with the sash over your shoulder, not under your arm or behind your back.
Pregnant women must wear a seatbelt unless exempt by a medical certificate. The lap part goes across the hips, below the baby (WA, ACT). Replace any seatbelt that was in a severe crash (TAS) or is worn or frayed (WA).
Fitting a child restraint
- Use a restraint that meets Australian Standard AS/NZS 1754 and shows the mark.
- Fit it to the anchorage point exactly as the manufacturer says.
- Never use a booster with a lap-only belt. Boosters need a lap-sash belt or an approved child safety harness (NSW, NT).
- Authorised restraint fitting stations can fit or check the seat for you (NSW, VIC).
Exemptions
- Reversing: in NSW only full licence holders are exempt while reversing. Learners and P platers must stay belted.
- Medical: a driver or passenger with a medical certificate may be exempt. NSW suggests exempt passengers sit in the back.
- Taxis: special rules apply, and taxis do not have to supply a child seat. NSW requires a rear-facing seat up to 6 months and a booster or seatbelt over 12 months in a taxi. Bring your own seat where you can.
- Rideshare: SA says rideshare and limousine drivers have no exemption from child restraint laws.
Common questions
What car seat does a 3-year-old need?
A rear-facing or forward-facing seat with an inbuilt harness. A booster seat is not allowed until age 4.
Can a 5-year-old use a booster seat?
Yes, with a lap-sash seatbelt or child safety harness, or they can stay in a harnessed forward-facing seat.
At what age can a child stop using a booster?
The legal minimum is 7, but the handbooks recommend a booster until the child is about 145 cm tall.
If my 15-year-old friend does not buckle up, who is fined?
You, the driver. Passengers aged 16 and over can also be fined themselves.
Can I carry more passengers than seatbelts if it is a short trip?
No. Every passenger needs their own seat and belt, however short the trip.
Do P platers have extra passenger limits?
Several states limit young passengers for P1 drivers. See P plate rules in every state.
Related: the Australian Road Rules explained and what to do after a crash.
Sources
- Transport for NSW, “Road User Handbook” (nsw.gov.au)
- Department of Transport and Planning Victoria, “Road to Solo Driving” (transport.vic.gov.au)
- Queensland Government, “Types of child restraints” and “Double demerit points” (qld.gov.au)
- Department of Transport and Major Infrastructure WA, “Drive Safe: A handbook for Western Australian road users” (transport.wa.gov.au)
- Government of South Australia, “The Driver’s Handbook”, February 2026, and “Seatbelts and child restraints” (mylicence.sa.gov.au)
- Department of State Growth Tasmania, “Tasmanian Road Rules, Version 2.1” (transport.tas.gov.au)
- Access Canberra, “ACT Road Rules Handbook” (accesscanberra.act.gov.au)
- Northern Territory Government, “NT Road Users’ Handbook” (nt.gov.au)