Rule 266 of the Principal Rules is amended as follows:

(a) by omitting from subrule (2) "less than" and substituting "under" ;

(b) by omitting from subrule (2A) "is less than" and substituting "under" ;

(c) by omitting from subrule (2B) "is less than" and substituting "under" ;

(d) by omitting paragraph (b) from subrule (2B) and substituting the following paragraphs:

(b) be placed on a properly positioned approved booster seat and be restrained by an approved seatbelt that is properly adjusted and fastened; or

(c) if he or she is seated in a category 2 or category 3 seat as defined in Standards Bulletin VSB 5A –

(i) be restrained by an approved seatbelt, of the lap and sash type, that is properly adjusted and fastened; or

(ii) have the midsection of his or her body restrained by an approved seatbelt, of the lap and sash type, that is properly adjusted and fastened, and have his or her upper body restrained by an approved child safety harness that is properly adjusted and fastened.

Note 1 : Approved booster seat and approved child restraint are defined in subrule (7) , approved seatbelt is defined in the dictionary and forward facing is defined in subrule (6A) .

Note 2 : See subrule (4D) if a passenger cannot safely be restrained as required by this subrule because of his or her height or weight.

Note 3 : In relation to paragraph (b) , subrule (4E) permits an approved child safety harness to be worn instead of the sash part of a lap and sash seatbelt.

Note 4 : See rule 372 for special transitional rules.

(e) by inserting the following subrules after subrule (2B) :

(2C)  A passenger does not have to comply with subrules (2) , (2A) and (2B) if –

(a) the driver is carrying a medical certificate that states a medical practitioner believes the passenger should not be restrained in any of the ways described in those subrules because of a medical condition or disability that the passenger has; and

(b) the passenger is properly restrained in a child restraint that has been designed for, and is suitable for use by, the passenger or a person with the same medical condition or disability as the passenger; and

(c) the driver is complying with any conditions stated in the medical certificate; and

(d) no other law of this jurisdiction states that this subrule does not apply.

Note : Medical certificate and medical practitioner are defined in the dictionary.

(2D)  However, the passenger is exempt under subrule (2C) only if the driver immediately produces the medical certificate when an authorised person or police officer asks to see the certificate.

Note : Authorised person and police officer are defined in the dictionary.

(f) by omitting subrule (3A) and substituting the following subrules:

(3A)  A passenger who is 4 years old or older, but under 7 years old, must not be in the front row of a motor vehicle that has 2 or more rows of seats unless in the row or rows behind the front row –

(a) all of the seats are occupied by passengers who are also under 7 years old; or

(b) there is no empty seating position in which the passenger can sit in accordance with this rule.

(3B)  The driver does not have to comply with subrule (3) or (3A) if –

(a) the driver is carrying a medical certificate that states a medical practitioner believes the passenger should be in the front row of the vehicle because of a medical condition that the passenger has; and

(b) the driver is complying with any conditions stated in the medical certificate; and

(c) no other law of this jurisdiction states that this subrule does not apply.

Note : Medical certificate and medical practitioner are defined in the dictionary.

(3C)  However, the driver is exempt under subrule (3B) only if the driver immediately produces the medical certificate when an authorised person or police officer asks to see the certificate.

Note : Authorised person and police officer are defined in the dictionary.

(g) by omitting from subrule (4) "older" and substituting "older," ;

(h) by omitting from subrule (5A) "1 year old or older, but less than" and substituting "one year old or older, but under" ;

(i) by omitting "jurisdiction." from the definition of approved child safety harness in subrule (7) and substituting "jurisdiction;" ;

(j) by inserting the following definition after the definition of approved child safety harness in subrule (7) :

Standards Bulletin VSB 5A means the National Code of Practice of that name issued by the Australian Government's Administrator of Vehicle Standards and subtitled Commercial Manufacture and Installation of Additional Seats .