Children under 16
The law deals separately with children under one year old and those between one and 16 years.
Passengers under one year old must be restrained in a suitable, approved child restraint that is properly fastened and adjusted. This must occur if a seat is available and if the vehicle in which they are travelling was manufactured on or after 1 July 1976, and is a passenger car (sedan, station sedan, hatch etc), passenger car derivative (panel van), forward control passenger van (Tarago, Express or similar) or 4WD.
Passengers aged one year and over, but under 16 years, must occupy a seat fitted with a seat belt or suitable child restraint, if such a seat is available. The seat belt or child restraint must be worn properly adjusted and fastened in all motor vehicles.
As seat belts are designed primarily for adults, it’s best to provide a suitable child restraint until the child is too big for it.
A seat is classified as 'available' if it is not occupied by another person under the age of 16 years. In other words, a person aged 16 years or over must surrender their seat to allow a child under 16 years to be restrained.
The responsibility for children under 16 years using restraints correctly rests with the driver.
Remember: A properly adjusted seat belt passes over the pelvis and hips, does not touch the wearer’s head or neck and is adjusted so that the buckle is at or below the hip. Make sure it is securely fastened.
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