What the law requires, by age

Australia's core child restraint rules are the same in every state and territory. The Child Restraint Evaluation Program, a partnership of Transport for NSW, Victoria's Department of Transport and Planning, the Transport Accident Commission and Kidsafe Australia, publishes them as the national child restraint laws. Each state sets its own fines. Victoria's transport department puts the duty plainly: the driver is responsible for making sure every child under 16 is safely restrained.

Child's age	Legal minimum	Front seat, in a car with two or more rows
Birth to 6 months	Approved rearward-facing restraint	Not allowed
6 months to under 4 years	Approved rear- or forward-facing restraint with an inbuilt harness	Not allowed
4 years to under 7	Forward-facing restraint with an inbuilt harness, or an approved booster seat	Only if every back seat is taken by a child under 7 in a restraint or booster
7 years to under 16	Seatbelt; if the child is too small for it, a booster or harnessed seat is strongly recommended	Allowed, but the back seat is strongly recommended to age 12

The ages are minimums, not targets: a child too small for the next stage stays in their current seat, and shoulder height markers show when a seat is outgrown.

What is recommended beyond the law

The Child Restraint Evaluation Program recommends a rear-facing seat up to 30 months and gives 145cm as the recommended minimum height for an adult lap-sash seatbelt. A child is ready for the belt only when they pass the five-step test (sitting right back, knees bent over the seat edge, sash belt mid-shoulder, lap belt across the thighs, for the whole trip), and Victoria's transport department says most cannot until around 10 to 12 years old. The car seat stage checker helps you work out which seat comes next.

The standard every seat must meet: AS/NZS 1754

An "approved" restraint is one that complies with the Australian/New Zealand Standard AS/NZS 1754. The current version, AS/NZS 1754:2024, was published on 30 September 2024, and seats made to the 2000, 2004, 2010, 2013 and 2024 versions are legal throughout most of Australia.

Every rearward- and forward-facing seat made to the standard must have a top tether strap. Australian cars have their own top-tether anchorage system, and only seats approved to the Australian Standard are compatible with it.

A seat bought in the UK, Europe or the US cannot legally be used here. The Child Restraint Evaluation Program says seats bought overseas do not comply with AS/NZS 1754, and Queensland states that they must not be used unless they comply. New Zealand shares the standard but also accepts some European and US seats; see our New Zealand car seat guide.

Bringing your baby home

Your baby goes home in an approved rear-facing seat; under 6 months there is no other legal option. If your baby has a low birthweight, AS/NZS 1754 includes seat types for infants under 2.5kg (Types A1/0 to A4/0), and parents are advised to use one until the baby fits the harness of a standard seat.

You do not legally need an authorised fitter or a certificate of installation, as long as you follow the manufacturer's instructions. If you are unsure, NSW has Authorised Restraint Fitting Stations at garages, service stations, hospitals, councils and baby shops.

Children should ride with their head back against the seat, even asleep, because poor posture can increase the risk of injury. A car seat is for the journey, not for sleep on arrival; see can my baby sleep in a car seat.

Front seats, airbags and single-row vehicles

In a vehicle with only one row of seats, such as a single-cab ute, a child of any age can sit in the front if properly restrained. Two limits apply: a rear-facing restraint cannot be used where there is a passenger airbag, and a seat with a top tether can only go in the front if there is an anchor point for it.

In every other car the back is safer: Victoria's transport department says the injury risk for children aged 12 and under is nearly double in the front seat compared with the back. More in can a baby car seat go in the front seat.

Taxis, rideshare and buses

This is where the states genuinely differ.

NSW taxis: the driver must make sure a baby under 6 months is in an approved rearward-facing seat and a baby aged 6 to 12 months in an approved rear- or forward-facing seat. Children aged 1 to 7 must use a booster, a suitable child restraint or a properly adjusted seatbelt in their own seat.
Victorian taxis: drivers do not have to provide a seat. A baby under 1 must travel in the back but can be carried by the accompanying adult; a child of 1 or older needs their own seat and seatbelt if no restraint is available. Taxis must have at least one anchorage point for your own seat.
Rideshare and hire cars: in NSW and Victoria, the same rules apply as in a private car.
Buses with more than 12 seats: child restraints are not required.

Whatever your state, bringing your own seat is the recommendation. See can my baby travel in a taxi without a car seat.

Fines are set by your state

In Queensland, if a child is not in an approved, properly fastened and adjusted restraint, you may be fined $1,295 and lose 4 demerit points for each child, with double demerit points for a second offence within a year. Queensland's fines rose by 3.5% on 1 July 2026, and "driving" includes being stopped at traffic lights, but not being parked. Victoria states only that a driver could be fined and lose demerit points, so check your own state's transport authority.

Second-hand seats, and how old is too old

The Child Restraint Evaluation Program recommends against using a seat that is more than 10 years old or has cracks, other damage or frayed straps, and says never to use one you know has been in a crash. A second-hand seat should meet AS/NZS 1754 version 2013 or later, have all its parts and instruction booklet, and have buckles that work smoothly. The manufacture date is stamped on the seat. See are second-hand car seats safe.

Where to get help

The Child Restraint Evaluation Program's Child Car Seats website compares more than 200 seats rated for crash protection and ease of use. Your state's transport authority publishes the law and current fines. If your baby screams in the seat, see when your baby hates the car seat, and for later stages, toddler car seat stages.

Frequently asked questions

Are car seat laws different in NSW, Victoria and Queensland?

The age-based rules are the same nationally: rear-facing to 6 months, a harnessed seat to 4, and a harnessed seat or booster to 7. The differences are in enforcement and taxis. Queensland's fine is $1,295 and 4 demerit points per child. NSW taxi drivers must restrain babies, while Victoria exempts taxis.

When can a child sit in the front seat in Australia?

In a car with two or more rows, a child under 4 can never sit in the front. A child aged 4 to under 7 can only sit there if every back seat is taken by children under 7 in restraints. From 7 it is legal, but the back is strongly recommended to age 12.

Can I use a car seat bought overseas in Australia?

No. Seats bought overseas do not comply with AS/NZS 1754, the Australian/New Zealand Standard, and are not compatible with the top-tether anchorage system in Australian cars. Queensland states that they must not be used unless they comply. Look for the Standards label and AS/NZS 1754 wording before you buy.

When can my child stop using a booster seat?

Legally, from age 7 a child can use an adult seatbelt. Safety guidance sets a higher bar: a recommended minimum height of 145cm and passing all five steps of the five-step test. Victoria's transport department says most children cannot pass it until they are around 10 to 12 years old.

Car seat laws in Australia and taking your baby home