(1) A passenger in or on a motor vehicle that is moving, or that is stationary but not parked, must comply with subsection (2) if the passenger—
(a) is 16 years old or older; and
(b) is not exempt from wearing a seatbelt under section 267 (Exemptions—wearing seatbelt).
Maximum penalty: 20 penalty units.
(2) The passenger—
(a) must occupy a seating position that is fitted with an approved seatbelt; and
(b) must not occupy the same seating position as another passenger (whether or not the other passenger is exempt from wearing a seat belt under section 267); and
(c) must wear the seatbelt properly adjusted and fastened.
(3) The driver of a motor vehicle (except a bus, taxi or hire car) that is moving, or that is stationary but not parked, must ensure that each passenger in or on the vehicle who is 16 years old or older complies with subsection (2), unless the passenger is exempt from wearing a seatbelt under section 267.
Maximum penalty: 20 penalty units.
(4) Subsection (2) (b) does not apply to a passenger in a bus, minibus, taxi, hire car or tow truck who has a child who is less than 1 year old seated in the passenger's lap if—
(a) no suitable approved child restraint is fitted and available for use; and
(b) if the bus, minibus, taxi, hire car or tow truck has 2 or more rows of seats—the passenger is not in the front row of seats.
(5) Subsection (3) does not apply to the driver of a corrections vehicle, youth detention vehicle or sheriff's vehicle if either—
(a) the vehicle has 2 or more rows of seats and the passenger is not in the front row of seats or there is not a seating position available for the passenger in another row of seats; or
(b) the vehicle has a caged, or other secured, area designed for the carriage of passengers and the passenger occupies a seating position in that area.