Child car seats in Australian hire cars
Children under 7 must be in an approved child restraint in New South Wales, Queensland, Victoria and Western Australia, and hire cars are no exception: Victoria and Queensland both say the rules apply to rental vehicles. The seat must meet AS/NZS 1754, and Queensland and South Australia say seats bought overseas cannot be used unless they comply, so most visitors should not bring a UK or US seat. The driver is responsible for the right seat and a correct fit, and Hertz's rental terms, for example, say the same.
Updated
Key facts
- Under 6 months
- Must use a rear-facing child car seat (NSW)
- 6 months to 4 years
- Rear-facing seat, or forward-facing seat with an inbuilt harness (NSW)
- 4 to 7 years
- Forward-facing seat with an inbuilt harness, or an approved booster seat (NSW)
- Standard
- To be approved in NSW, a child restraint must meet Australian/New Zealand Standard AS/NZS 1754
- Overseas seats
- Queensland: child restraints bought overseas must not be used unless they comply with AS/NZS 1754. South Australia: restraints bought in other countries will not meet the standard and it is illegal to use them
- Hire cars
- Victoria: child restraint rules for hire cars are the same as for private cars. Queensland: the rules also apply when driving a rental vehicle
- Queensland penalty
- A fine of $1,295 and 4 demerit points for each child not properly restrained
- Rental company terms (example)
- Hertz says it is your responsibility to make sure appropriate child seats are fitted, and that its protection services do not reduce your liability for infant seats
What are the child car seat laws in Australia?
Road rules are set by each state and territory, but the age bands for the youngest children line up across the states below. New South Wales requires children under 7 to use an approved child restraint, and Queensland gives the same bands: up to 6 months rear-facing; 6 months to 4 years rear-facing or forward-facing with a built-in harness; 4 to 7 years a forward-facing harness or a booster seat used with an adult lap-sash belt.
Western Australia describes the same bands. Victoria words them slightly differently, requiring a child restraint from 7 months to under 4 years and a child restraint or booster seat from 4 to under 7. The rules apply while the car is moving or stopped, for example at traffic lights, but not when parked, in Queensland.
What is the booster seat age in Australia?
Legally, children aged 4 to 7 need a harnessed seat or a booster. After 7 the states differ in how strict the wording is, but each points to size, not age. Queensland says children 7 and over may use an adult seatbelt or a booster, and recommends they stay in a restraint until they pass the 5-step test. NSW says children over 7 who are too small for a seatbelt should use a booster, with a suggested minimum height of 145 cm. South Australia requires children from 7 to 16 to use an approved restraint or a properly fastened seatbelt.
Victoria and Western Australia also refer to the 5-step test before a child moves to an adult belt. The test asks whether the child's back is against the seat, knees bend over the seat edge, the lap belt sits low on the hips, the sash sits mid shoulder and the child can stay seated that way for the trip.
- NSW: booster or harness under 7; booster for over 7s too small for a seatbelt; 145 cm suggested minimum height
- Queensland: over 7s may use a seatbelt or booster; 5-step test recommended
- Victoria: child restraint or booster from 4 to under 7; 5-step test for 7 to 16
- Western Australia: remain in a suitable restraint until the five-step seatbelt test is passed
- South Australia: 7 to 16 use an approved restraint or a properly fastened seatbelt
Can I use my UK, US or NZ car seat in Australia?
Generally no. New South Wales says a restraint is approved only if it meets AS/NZS 1754, and Western Australia requires compliance with the same standard. Queensland says restraints bought overseas must not be used unless they comply with it, and that only seats carrying the AS sticker have been tested and approved. South Australia goes further: restraints bought in other countries will not meet the Australian Standard and it is illegal to use them.
In practice, look for the AS/NZS 1754 marking on the seat. A seat from the UK, US or elsewhere that lacks it is not an approved restraint here, whatever standard it met at home. Queensland's rule covers any seat bought overseas, so a New Zealand seat is accepted only if it complies with AS/NZS 1754.
Do the rules apply in a hire car, and where can kids sit?
Yes. Victoria states that the child restraint rules for hire cars are the same as for private cars, and Queensland says the rules apply when driving a rental vehicle. NSW puts the responsibility on the driver for children under 7 being secured in an approved restraint suitable for their age and size, and Hertz's terms say the same in a rental context.
Front seat rules for young children are similar in NSW, Victoria and Queensland. Children under 4 must not sit in the front (NSW and Queensland apply this to vehicles with two or more rows; Victoria says the back seat if the car has one), and 4 to 7 year olds may only if all the back seats are taken by children under 7. In Queensland, a rear-facing restraint should not be used in the front seat if it is positioned close to a passenger airbag. If you drive interstate, follow the rule of the state you are in.
Car seat hire in Australia: what does the rental company provide?
Hertz's terms, for example, show infant seats as additional equipment on the rental agreement, and cap the charge at 4 days per 30 days of rental. They also say you are responsible for checking a child seat is fitted correctly, that you are responsible for the seat while it is in the car, and that children who need a seat must not travel in vehicles from its Adrenaline or Dream collection because seats cannot be fitted in them.
Hertz also says its optional protection services do not reduce your liability for infant seats, which means damage to or loss of the seat is charged in full. Other companies have their own terms, so read the equipment lines on your rental agreement and confirm the seat suits your child's age and size before you leave the depot.
What happens if a child is not properly restrained?
The penalty falls on the driver. Queensland lists a $1,295 fine and 4 demerit points for each child not properly restrained, with double demerit points for a second offence within a year. NSW says a driver with a child under 16 who is not properly restrained can get a fine and demerit points, with double demerits applying. Hertz's terms add that it is not responsible for fines, injury or other losses caused by child seats not being fitted or children not being restrained in the seats fitted.
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Questions people ask
What are the car seat laws in Australia?
Children under 7 must be in an approved restraint. Up to 6 months it must be rear-facing; from 6 months to 4 years, rear-facing or forward-facing with a harness; from 4 to 7 years, a harnessed forward-facing seat or a booster. Details differ slightly by state.
What is the booster seat age in Australia?
Children aged 4 to 7 need a harnessed seat or a booster. Over 7, states point to size: NSW suggests a minimum height of 145 cm, and Queensland, Victoria and Western Australia refer to the 5-step test.
Can I use my UK car seat in Australia?
Not unless it meets AS/NZS 1754. Queensland says overseas seats must not be used unless they comply, and South Australia says seats bought in other countries will not meet the standard and are illegal to use.
Can I use a US car seat in Australia?
The same rule applies: a seat must meet the Australian Standard, AS/NZS 1754, and carry the marking. A US seat that lacks it is not an approved restraint.
Can I use my NZ car seat in Australia?
Only if it complies with AS/NZS 1754 and carries the marking. Queensland's rule covers any seat bought overseas.
Do hire cars have to have child seats?
Hire cars follow the same rules as private cars. Victoria and Queensland both say so. If you have a child who needs a restraint, you must have an approved seat fitted before you drive away.