The expression 'properly adjusted' in r 264 of the Australian Road Rules bears an objective meaning requiring conformity with the seat belt's basic design; it does not permit a subjective assessment based on the individual wearer's physical condition. Persons unable to wear a seat belt in the normal manner must obtain and carry a medical certificate under r 267(3). The rule against double jeopardy does not preclude a prosecution appeal to the ACT Court of Appeal from a Supreme Court judgment of acquittal entered on appeal from a Magistrate's conviction, where the acquittal is based on an error of law.
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