Australian Road Rules (ARR) in respect to the wearing of seatbelts

Children Under Seven Years of Age
Any child under the age of seven must be restrained in a suitable, properly fastened and approved child restraint.

Children Over Seven Years of Age
Tthe following applies
Under rule 267 of the ARR a person is exempt from wearing a seatbelt if:
      a) The seating position that he or she occupies is not fitted with a seatbelt; and
      b) These is no requirement for that seating position to be fitted with a seatbelt; and
      c) All passengers in the vehicle who are exempt from wearing a seatbelt are complying with subrule (8).

Subrule (8) summarises that if any passenger does not have to wear a seatbelt or sit in a child restraint, then they must leave the seat with the seatbelt or child restraint free for a person who is required to use it.

Rule 267 however does not apply to a person aged under 7 years.

In summary of the above, if the vehicle is not required to have seatbelt fitted then people aged 7 and older can occupy the seat and are exempt from wearing a seatbelt, provided they are complying with subrule (8).

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