266I

Seating position—passenger 7 years old or older but under 16 years old

In force

(1)

If a passenger is 7 years old or older, but is under 16 years old—

(a)

the passenger must be restrained in a suitable approved child restraint that is properly adjusted and fastened; or

(b)

the passenger—

(i)

must occupy a seating position that is fitted with a suitable approved seatbelt; and

(ii)

must not occupy the same seating position as another passenger (whether or not the other passenger is exempt from wearing a seatbelt under section 267); and

(iii)

must wear the seatbelt properly adjusted and fastened.

(2)

This section does not apply if the passenger is exempt from wearing a seatbelt under section 267.

Note The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).

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