Rules and laws in New South Wales (2026)

Last reviewed: 15 October 2026

Every rule we have verified for New South Wales, by topic. The last column shows how each rule compares with the other states and territories.

E-scooters

RuleWhat appliesCompared with other states
Use on public roadsPrivately ownedNot allowed (source: Transport for NSW)Differs from all 6 other states checked
Use on public roadsRental; Designated shared e-scooter trial sites (for example Wollongong until 22 January 2027)Only approved models (source: NSW Government)No other state checked yet
Driving licenceRental; Designated shared e-scooter trial sites (for example Wollongong until 22 January 2027)No driver licence is needed to ride a shared e-scooter. (source: Transport for NSW)
Minimum ageRental; Designated shared e-scooter trial sites (for example Wollongong until 22 January 2027)16 years (source: Transport for NSW)No other state checked yet
Helmet requiredRental; Designated shared e-scooter trial sites (for example Wollongong until 22 January 2027)Yes (source: NSW Government)No other state checked yet
Insurance requiredRental; Designated shared e-scooter trial sites (for example Wollongong until 22 January 2027)No (source: Transport for NSW)No other state checked yet
Maximum speedRental; Designated shared e-scooter trial sites (for example Wollongong until 22 January 2027)up to 20 km/h (design speed) (source: NSW Government)No other state checked yet
Where to ridePrivately ownedPrivately owned e-scooters may not be ridden on footpaths, shared paths, shared zones, bicycle paths, bicycle lanes or roads. (source: NSW Government)
Where to rideRental; Designated shared e-scooter trial sites (for example Wollongong until 22 January 2027)Designated bicycle lanes and paths, shared paths and roads with a speed limit of 50 km/h or less. Not on footpaths. 10 km/h on shared paths and shared zones, 20 km/h on roads and bicycle lanes. (source: NSW Government)
Passengers allowedRental; Designated shared e-scooter trial sites (for example Wollongong until 22 January 2027)No (source: NSW Government)No other state checked yet

Cannabis

RuleWhat appliesCompared with other states
Possession for personal usePersonal use by an adultCriminal offence (source: NSW Parliamentary Counsel's Office (NSW legislation))Same in 4 of 7 other states checked
Quantity limitsPersonal use by an adultThere is no lawful amount for recreational use. Possessing any amount of a prohibited drug is an offence under section 10(1). (source: NSW Parliamentary Counsel's Office (NSW legislation))
Growing at homePersonal use by an adultProhibited (source: NSW Parliamentary Counsel's Office (NSW legislation))Same in 6 of 7 other states checked
Sale to consumersPersonal use by an adultProhibited (source: NSW Parliamentary Counsel's Office (NSW legislation))Same in 7 of 7 other states checked
Use or carrying in public placesPersonal use by an adultProhibited (source: NSW Parliamentary Counsel's Office (NSW legislation))Same in 7 of 7 other states checked
Medical cannabisPersonal use by an adultLegal for medical use (source: NSW Health)Same in 6 of 6 other states checked
Driving after cannabis usePersonal use by an adultIt is an offence to drive, or attempt to put a motor vehicle in motion, while any prescribed illicit drug is present in the oral fluid, blood or urine. The prescribed illicit drugs include delta-9-tetrahydrocannabinol (THC). Maximum penalty: 20 penalty units for a first offence and 30 for a second or subsequent offence. (source: NSW Parliamentary Counsel's Office (NSW legislation))

Car speed limits

RuleWhat appliesCompared with other states
Built-up areasPassenger car on public roads50 km/h in built-up areas where no speed limit sign applies. A built-up area has street lights and buildings next to the road less than 100 m apart. (source: NSW Government)
Outside built-up areas (single carriageway)Passenger car on public roads100 km/h on all other roads where no speed limit sign applies (source: NSW Government)
School zonesPassenger car on public roads40 km/h in a school zone on notified school days, including school development days. Weekends, public holidays and public school holidays are excluded. (source: Transport for NSW)
Roadworks zonesPassenger car on public roadsThe speed limit shown on the roadwork speed limit sign applies, for example 40 km/h (source: NSW Government)
Residential streetsPassenger car on public roads; Signed local traffic areas40 km/h in a signed local traffic area (an area of local streets) (source: NSW Government)

Deposit return schemes and plastic bags

RuleWhat appliesCompared with other states
National deposit return scheme in operationDeposit on drinks containersYes (source: NSW Environment Protection Authority)Same in 7 of 7 other states checked
Containers coveredDeposit on drinks containersMost empty drink containers of 150 millilitres to 3 litres are eligible; containers carry a 10c refund marking, Not eligible: milk containers, glass wine bottles, glass spirit bottles, juice bottles of 1 litre and over, cordial bottles, Containers must be empty, uncrushed, unbroken and have the original label attached (source: NSW Environment Protection Authority)
Deposit per containerDeposit on drinks containers0.10 AUD per container (source: NSW Environment Protection Authority)Same in 7 of 7 other states checked
Plastic carrier bag rulePlastic carrier bagsBanned (source: NSW Environment Protection Authority)Same in 7 of 7 other states checked
Price of plastic carrier bagsPlastic carrier bagsLightweight plastic shopping bags with handles are banned and may not be supplied. (source: NSW Environment Protection Authority)
Bag thickness rulePlastic carrier bagsBanned: lightweight plastic shopping bags with handles that are 35 microns or less in thickness. (source: NSW Environment Protection Authority)

Minimum age for a car driving licence

RuleWhat appliesCompared with other states
Minimum age for a car licenceCar (category B) driving licence17 years (source: Transport for NSW)Same in 5 of 7 other states checked
Earliest age to drive a car supervisedCar (category B) driving licence16 years (source: Transport for NSW)Same in 6 of 7 other states checked
Driving before the minimum ageCar (category B) driving licenceThe P1 provisional licence is available from 17. Under 25: the learner licence must be held for at least 12 months and 120 hours of driving recorded before the driving test; the Hazard Perception Test can be taken after 10 months as a learner. From 25: no log book is needed and the tests can be taken when ready. (source: Transport for NSW)
Visitors on a foreign licence: ageCar (category B) driving licenceAn interstate or New Zealand licence holder may drive in NSW on a current licence for up to three months. An overseas visitor on a temporary visa who arrived on or after 1 July 2023 may drive on a current overseas licence for up to six months. Permanent residents must convert to an NSW licence within three months. The page states no age condition for visitors. (source: Transport for NSW (NSW Government))
Learner's permit from ageCar (category B) driving licence16 years (source: Transport for NSW)Same in 6 of 7 other states checked
Supervised driving hours requiredCar (category B) driving licenceUnder 25: 120 hours of supervised driving including 20 hours at night, recorded in a log book (a Safer Drivers Course adds 20 bonus hours). From 25: no log book is required. (source: Transport for NSW)
Passenger limit for new driversCar (category B) driving licenceA P1 driver under 25 must not drive with more than one passenger under 21 between 11pm and 5am, unless an exemption has been granted. (source: Transport for NSW)
Tests for a first car licenceCar (category B) driving licenceLearner licence: Driver Knowledge Test and an eyesight test. P1 licence: Hazard Perception Test and the driving test. (source: Transport for NSW)
How long the licence is validCar (category B) driving licenceA learner licence is valid for 5 years. It can be renewed, but each renewal requires passing the Driver Knowledge Test again. (source: Transport for NSW)

Driving after drugs

RuleWhat appliesCompared with other states
Approach to cannabis (THC)Driving a car after drug useAny use is an offence (source: NSW Government)Same in 7 of 7 other states checked
THC thresholdDriving a car after drug usePresence of active THC in oral fluid, blood or urine; the page gives no numeric limit. (source: NSW Government)
Prescribed medicinesDriving a car after drug useSame limits apply (source: Transport for NSW)Same in 4 of 5 other states checked
Police screening testDriving a car after drug useYes (source: NSW Government)Same in 7 of 7 other states checked
Main sanctionsDriving a car after drug usePenalty notice fine of AUD 722 and a 3-month licence suspension, or a court-imposed fine of up to AUD 2,200 and disqualification of at least 3 months (automatic disqualification 6 months) for a first offence; no prison term. (source: NSW Government)

E-bikes and speed pedelecs

RuleWhat appliesCompared with other states
Legal classRiding on public roadsBicycle rules (source: Transport for NSW)Same in 6 of 6 other states checked
Assistance stops atRiding on public roadsup to 25 km/h (design speed) (source: Transport for NSW)Same in 4 of 4 other states checked
Maximum motor powerRiding on public roads500 W maximum continuous rated power now; 250 W from 1 March 2029, when only EN 15194 certified e-bikes will be allowed. Throttle-only operation must cut out at 6 km/h. Software-limited bikes above the limit are still illegal. (source: Transport for NSW)
Minimum ageRiding on public roadsNo minimum age applies under the current NSW Road Rules: a child of any age can ride an e-bike (NSW Government, 20 February 2026). A minimum age between 12 and 16 is to be introduced. (source: NSW Government (Minister for Police and Counter-terrorism, Minister for Roads, Minister for Transport))
HelmetRiding on public roadsAn approved helmet, securely fitted and fastened, must be worn. A passenger must also wear an approved helmet. (source: Transport for NSW)
LicenceRiding on public roadsNo. Legal e-bikes do not need to be registered and riders do not need a driver licence. (source: NSW Government)
Plate and insuranceRiding on public roadsLegal e-bikes do not need registration. Devices that are over-powered or keep running above 25 km/h may be classed as motor vehicles with registration, licensing and insurance requirements. (source: NSW Government)
Cycle pathsRiding on public roadsRoads, bicycle lanes, bicycle paths and shared paths (giving way to pedestrians), unless a 'No bicycles' sign applies. Footpaths only for riders under 16 or an adult accompanying a child under 16, with limited other exceptions. (source: NSW Government)

Fireworks

RuleWhat appliesCompared with other states
Consumers may buy and use category F2 fireworksConsumer fireworks (category F2)No (source: SafeWork NSW)Same in 5 of 7 other states checked
When they may be sold to the publicConsumer fireworks (category F2)There is no period in which the public can buy fireworks. Fireworks intended for retail sale to the general public are not authorised in NSW, and buying fireworks requires a pyrotechnician or single use licence. (source: SafeWork NSW)
When they may be let offConsumer fireworks (category F2)Discharging fireworks is illegal unless the person holds a pyrotechnician or single use licence. There is no period in which members of the public may let off fireworks. (source: SafeWork NSW)
Fireworks consumers may useConsumer fireworks (category F2)Fireworks that are intended for retail sale to the general public are not authorised in NSW. Display fireworks are authorised only if they are imported, intended for use by licensed professional pyrotechnicians in a fireworks display, and not prohibited fireworks. (source: SafeWork NSW)

Home education

RuleWhat appliesCompared with other states
Legal status of home educationChildren of compulsory school agePermitted with prior authorisation (source: NSW Department of Education)Same in 6 of 6 other states checked
Nature of the parental dutyChildren of compulsory school ageDuty to attend or be enrolled at school (source: NSW Department of Education)Same in 7 of 7 other states checked
Approval or notification neededChildren of compulsory school ageA parent applies for home schooling registration at any time of the year. An Authorised Person reviews the educational programme and records, usually at a home visit, and recommends whether to approve. The process can take up to 12 weeks. The educational programme must be based on the NESA syllabuses and registered children receive a certificate. (source: NSW Department of Education)
Compulsory schooling ageChildren of compulsory school ageChildren younger than 6 and older than 17 are not required to be enrolled at a school or registered for home schooling. A child can be registered at the start of a calendar year if they turn 5 by 31 July of that year, and up to the age of 18. (source: NSW Department of Education)

Knives and pepper spray

RuleWhat appliesCompared with other states
Folding pocket knivesCarrying in public placesA person must not have a knife in custody in a public place or school; it is a defence if the person proves a reasonable excuse (maximum 40 penalty units or 4 years' imprisonment, or both). The section does not distinguish folding knives, and "knife" includes any blade. (source: NSW Government (NSW Parliamentary Counsel))
Locking or one-handed knivesCarrying in public placesA flick knife, being a knife whose blade opens automatically by gravity or centrifugal force or by pressure on a button, spring or device in or attached to the handle, is a prohibited weapon. Possessing or using one without a permit carries up to 14 years' imprisonment. Other locking or one-handed knives are covered by the general knife offence. (source: NSW Government (NSW Parliamentary Counsel))
Fixed-blade knivesCarrying in public placesHaving a fixed blade knife in custody in a public place or school is covered by the same offence as other knives and is lawful only with a reasonable excuse. Some knife types are prohibited weapons needing a permit, for example push daggers, trench knives, star knives and zombie knives. (source: NSW Government (NSW Parliamentary Counsel))
Pepper sprayCarrying in public placesA device designed or intended as a defence or anti-personnel spray that can discharge an irritant, including oleoresin capsicum (OC), is a prohibited weapon. A person must not possess or use a prohibited weapon unless authorised by a permit (maximum 14 years' imprisonment). (source: NSW Government (NSW Parliamentary Counsel))
Exceptions and legitimate reasonsCarrying in public placesReasonable excuses include what is reasonably necessary for the lawful pursuit of occupation, education or training, preparing or consuming food or drink, lawful entertainment, recreation or sport, trade exhibition, collectors' exhibitions, an official uniform, genuine religious purposes, or travel to or from these. Self-defence or defence of another person is not a reasonable excuse. (source: NSW Government (NSW Parliamentary Counsel))
Automatic (switchblade) knivesCarrying in public placesA flick knife (or similar device) whose blade opens automatically by gravity or centrifugal force or by pressure on a button, spring or device in or attached to the handle is a prohibited weapon; possession or use needs a permit. (source: NSW Government (NSW Parliamentary Counsel))
Blade length limitsCarrying in public placesThe knife custody offence has no blade-length threshold. "Knife" includes a blade (including a razor blade) and excludes only knives of a class prescribed by the regulations. (source: NSW Government (NSW Parliamentary Counsel))
Pepper spray: size and age limitsCarrying in public placesThe Weapons Prohibition Act 1998 sets no container-size threshold: any device designed or intended as a defence or anti-personnel spray that can discharge OC or another listed irritant is a prohibited weapon. A permit is issued by the Commissioner of Police only to a fit and proper person who has completed approved training and can meet storage requirements, and lasts up to 5 years. (source: NSW Government (NSW Parliamentary Counsel))

Motorcycles: helmets and licences

RuleWhat appliesCompared with other states
Helmet required for the riderRiding a motorcycle; MotorcycleYes (source: Transport for NSW)Same in 6 of 6 other states checked
Helmet required for a passengerRiding a motorcycle; MotorcycleYes (source: Transport for NSW)Same in 6 of 6 other states checked
RuleWhat appliesCompared with other states
Minimum paid leave a year (weeks)Full-time employee; NSW private-sector employees (national system)4 weeks (source: Fair Work Commission)No other state checked yet
Minimum paid leave as the law states itFull-time employee; NSW private-sector employees (national system)Full-time and part-time employees get 4 weeks of paid annual leave a year, based on their ordinary hours of work. Shiftworkers get more than 4 weeks if their award or enterprise agreement provides the extra week under the National Employment Standards. Casual employees do not get paid annual leave. (source: Fair Work Ombudsman)
National public holidays a yearFull-time employee; NSW private-sector employees (national system)12 days (source: NSW Government)No other state checked yet
Public holidays and annual leaveFull-time employee; NSW private-sector employees (national system)Not counted as leave days (source: Fair Work Ombudsman)No other state checked yet

Using a mobile phone while driving

RuleWhat appliesCompared with other states
Holding a phone while driving bannedUsing a mobile phone while driving a carYes (source: Transport for NSW)Same in 7 of 7 other states checked
Hands-free useUsing a mobile phone while driving a carAllowed with limits (source: Transport for NSW)Same in 7 of 7 other states checked
Fine, first offence (lowest amount where a range applies)Using a mobile phone while driving a car434.00 AUD per offence (source: Transport for NSW)Differs from all 5 other states checked
Penalty points on the licenceUsing a mobile phone while driving a car5 points (source: Transport for NSW)Differs from all 6 other states checked
Texting while drivingUsing a mobile phone while driving a carTexting, emailing and social media functions may be used only when the vehicle is parked out of the line of traffic. (source: Transport for NSW)
Learner and newly qualified driversUsing a mobile phone while driving a carLearner and provisional (P1 and P2) licence holders may not use a phone at all while driving or riding, whether handled, resting on the body, in a cradle or hands-free. (source: Transport for NSW)
Can police stop you for this alone?Using a mobile phone while driving a carMobile phone detection cameras (fixed and transportable) operate across NSW, anywhere and at any time; police also issue infringements. (source: Transport for NSW)

Seat belts and child seats

RuleWhat appliesCompared with other states
Seat belt compulsory in front seatsPassenger carsYes (source: NSW Government)Same in 7 of 7 other states checked
Seat belt compulsory in rear seatsPassenger carsYes (source: NSW Government)Same in 7 of 7 other states checked
Child restraint required untilPassenger carsChildren under 7 must use an approved child restraint suited to their age and size: rear-facing up to 6 months; rear-facing or forward-facing with an inbuilt harness from 6 months to 4 years; forward-facing with an inbuilt harness or an approved booster seat from 4 to 7 years. (source: NSW Government)
Children in the front seatPassenger carsUnder 4: not in the front seat of a vehicle with 2 or more rows, but allowed in a vehicle with one row in a suitable child seat. Aged 4 to under 7: not in the front seat of a vehicle with 2 or more rows unless the back-row seats are occupied by other children under 7. (source: NSW Government)
Fine for not wearing a seat beltPassenger carsThe driver gets a fine and demerit points, and double demerit points can apply. Passengers aged over 16 are also fined. (source: NSW Government)
Booster seat untilPassenger carsFrom 4 to 7 years a booster seat is allowed in place of a forward-facing seat with inbuilt harness, used with a lap-sash seatbelt or approved safety harness and never with a lap belt alone. Children aged 7 and over who are too small for a seatbelt should use a booster seat or anchored harness; 145 cm is the suggested minimum height for a seatbelt. (source: NSW Government)
Can police stop you for this alone?Passenger carsPhone and seatbelt detection cameras have been detecting drivers and passengers not wearing a seatbelt, or wearing it incorrectly, since 1 July 2024 (source: NSW Government)

Smoke alarms in homes

RuleWhat appliesCompared with other states
Smoke alarm legally required in homesSmoke alarms in dwellingsYes (source: NSW Department of Planning, Housing and Infrastructure)Same in 6 of 6 other states checked
Minimum alarms and whereSmoke alarms in dwellingsAt least one working smoke alarm complying with Australian Standard 3786 on each level of the premises. (source: NSW Department of Planning, Housing and Infrastructure)
Minimum alarms and whereSmoke alarms in dwellings; Rented homes in New South Wales (residential tenancies)At least one smoke alarm in a hallway outside a bedroom, or another suitable location, on each storey of the rented home. (source: NSW Fair Trading (NSW Government))
Who must fit the alarmsSmoke alarms in dwellingsOwner (source: NSW Department of Planning, Housing and Infrastructure)Same in 3 of 3 other states checked
Who must fit the alarmsSmoke alarms in dwellings; Rented homes in New South Wales (residential tenancies)Landlord (source: NSW Fair Trading (NSW Government))No other state checked yet
Who must keep them workingSmoke alarms in dwellings; Rented homes in New South Wales (residential tenancies)Landlord (source: NSW Fair Trading (NSW Government))No other state checked yet

Tobacco and nicotine age limits

RuleWhat appliesCompared with other states
Minimum age to buy tobaccoTobacco and nicotine products18 years (source: NSW Government (NSW legislation))Same in 7 of 7 other states checked
Nicotine pouchesTobacco and nicotine productsSale banned (source: Therapeutic Goods Administration (TGA))Same in 7 of 7 other states checked
Smoking ban in indoor public placesTobacco and nicotine productsYes (source: NSW Government (NSW legislation))Same in 7 of 7 other states checked
Smoking ban on public transportTobacco and nicotine productsYes (source: NSW Government (NSW legislation))Same in 4 of 4 other states checked
E-cigarettes in indoor public placesTobacco and nicotine productsYes. Using a vaping good that generates an aerosol or vapour counts as smoking, so the ban on smoking in smoke-free areas (enclosed public places and listed outdoor places) covers vaping. (source: NSW Government (NSW legislation))
Smoking in cars with childrenTobacco and nicotine productsSmoking is banned in a motor vehicle on a road or road related area if a person under 16 is present in the vehicle. For a vaping good, smoking includes use that generates an aerosol or vapour. The driver also commits an offence. (source: NSW Government (NSW legislation))
Flavoured tobacco and e-cigarettesTobacco and nicotine productsYes. Commonwealth law, which applies in New South Wales, bans tobacco products that contain flavouring additives, menthol or menthol derivatives, fruit, spices, sugars or sweeteners, synthetic cooling agents, or a device such as a card, capsule or bead that alters flavour. (source: Federal Register of Legislation (Commonwealth))

Towing trailers and caravans

RuleWhat appliesCompared with other states
Maximum speed on motorways when towingCar with a trailer or caravan; Car with a trailer or caravanA vehicle over 4.5 tonnes GVM, or a vehicle and trailer combination over 4.5 tonnes GCM, must not exceed 100 km/h regardless of the signposted limit (single trailer). (source: NSW Government (Transport for NSW))
Higher categories for trailers (B96, BE)Car with a trailer or caravanLight Rigid (LR), Medium Rigid (MR) and Heavy Rigid (HR) licences allow a towed trailer of no more than 9 tonnes GVM. A Heavy Combination (HC) licence is needed for tow-trailer combinations with a trailer GVM over 9 tonnes. (source: NSW Government (Transport for NSW))
Extra mirrors when towingCar with a trailer or caravanExtra mirrors may be needed for the towing vehicle if towing a large trailer. (source: NSW Government (Transport for NSW))

Drinking age and alcohol sales

RuleWhat appliesCompared with other states
Minimum age to buy beer and wineBuying and drinking alcohol18 years (source: NSW Government)Same in 7 of 7 other states checked
Minimum age to buy spiritsBuying and drinking alcohol18 years (source: NSW Government)Same in 7 of 7 other states checked
Drinking by younger people with an adultBuying and drinking alcoholA parent or guardian, or someone they authorise, may supply alcohol to a minor away from licensed premises (at home, at a private gathering or in an unlicensed restaurant) if the supply is consistent with responsible supervision. Supplying alcohol to an intoxicated child is never responsible supervision. In a hotel or club a minor must be accompanied by an adult, who must not let the minor drink there. (source: NSW Government)
Where and when alcohol is soldBuying and drinking alcoholA person must not sell or supply alcohol to a minor in any licensed premises. A minor must not obtain, consume or carry liquor away from licensed premises, and licensees must not let minors sell, supply or serve alcohol unless the Authority approves. Penalties include a $1,100 on-the-spot fine and court fines of up to $11,000 and/or 12 months' imprisonment. (source: NSW Government)

Drink-driving limits

RuleWhat appliesCompared with other states
Blood alcohol limit for ordinary driversDriving after drinking alcohol0.05 % blood alcohol (source: NSW Government)Same in 7 of 7 other states checked
Lower limit for novice or young driversDriving after drinking alcohol0.00%: learner (L) and provisional (P1, P2) licence holders. (source: NSW Government)
Limit for professional or commercial driversDriving after drinking alcoholUnder 0.02%: public passenger vehicles (buses, coaches, taxis, rideshare, hire cars), heavy vehicles and combinations over 13.9 tonnes GVM or GCM, and dangerous goods vehicles. (source: NSW Government)
Random breath tests without suspicionDriving after drinking alcoholYes (source: NSW Government)Same in 7 of 7 other states checked
Maximum penaltiesDriving after drinking alcoholFirst offence, high range (0.15 or more): maximum court fine AUD 3,300, up to 18 months in prison, disqualification of at least 12 months. Second or later offence: up to AUD 5,500 and 2 years. Mid range first offence: up to AUD 2,200 and 9 months. Refusing a test: up to AUD 3,300 first offence. (source: NSW Government)

General information, not legal advice. Rules change: check the official source before you fly or ride.