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Laws and rules that catch people out

Most Australian laws will feel familiar. A handful are stricter than in the UK, and newcomers get caught out by them in their first weeks. Here are the main ones.

Last checked 2 Oct 2026·Information, not advice

In 30 seconds

  • Declare all food, plants and animal products when you land. Not declaring can mean an on-the-spot fine and even losing your visa
  • Drink-driving limits are lower than in England: under 0.05 for full licences and zero for learners and P-plate drivers. Cameras catch phone use and seatbelt offences
  • Vapes are sold only in pharmacies, and drinking or smoking is banned in many outdoor public places

Biosecurity at the border

Australia is very strict about food, plants and animal products, to keep out pests and diseases. On the plane you fill in an Incoming Passenger Card. A digital version, the Australia Travel Declaration, is being rolled out and is due at all international airports by the end of 2027. Either way, tick “yes” if you have any food, plant material, seeds, wood, animal products, or shoes and outdoor gear with soil on them. If you declare something, the worst that usually happens is it is checked, treated or thrown away. If you don’t, you can be fined on the spot:

OffencePenalty unitsAbout (A$364 a unit)
Not declaring goods2A$728
Not declaring high-risk goods6 or 12A$2,184 or A$4,368
Hiding goods20A$7,280

The number of penalty units is set under biosecurity law. The value of a Commonwealth penalty unit rose from A$330 to A$364 for offences on or after 1 July 2026, so the dollar amounts above are worked out from that (the Department of Agriculture’s page still shows the older amounts). If you are on a visa, you can also be referred to Australian Border Force for your visa to be cancelled. If in doubt, declare it.

Drinking and driving

Limits are set by each state but are similar everywhere. In NSW:

DriverBlood alcohol limit
Full licenceUnder 0.05
Learner (L plates) and provisional (P plates)Zero
Professional drivers (buses, taxis, heavy vehicles)Under 0.02

The limit in England, Wales and Northern Ireland is 0.08 (80 mg per 100 ml of blood), and in Scotland 0.05. So a drink that is fine in England can put you over in Australia. Police run random breath tests at roadside checkpoints, and mobile drug testing too. You can’t refuse a test.

Phones, seatbelts and cameras

In NSW, cameras run day and night to catch drivers holding a phone or not wearing a seatbelt properly. They have checked seatbelts since July 2024. Other states use similar cameras.

  • Phone in your hand at the wheel, even at traffic lights: A$434 and 5 demerit points in NSW (A$577 in a school zone)
  • Learner and P-plate drivers can’t use a phone at all, even hands-free
  • Seatbelt not worn or worn wrongly: a fine of more than A$400 and at least 3 demerit points in NSW
  • The driver is responsible for making sure passengers are buckled up and children are in the right car seat
  • During holiday periods, NSW and some other states apply double demerit points

Speeding and demerit points

Speed limits are in kilometres per hour, and speed cameras are common, including mobile ones. Each offence adds demerit points, like penalty points in the UK. In NSW, points stay on your record for 3 years:

LicencePoints that trigger a suspension
Full (unrestricted)13
Provisional P27
Provisional P14
Learner4

Go over the limit and you lose your licence for at least 3 months. Each state runs its own system. See Driving in Australia.

Vaping and smoking

  • Vapes can only be sold by pharmacies. Shops, tobacconists and vape shops can’t legally sell any vape
  • Adults 18 and over can buy vapes with up to 20 mg/mL of nicotine from a pharmacist without a prescription, after a short chat, where state law allows. Stronger ones need a prescription
  • You can buy only a month’s supply at a time
  • If you plan to bring vapes with you, check the Therapeutic Goods Administration’s rules for travellers first and declare them

Smoking and vaping are banned in many outdoor places. In NSW this includes within 10 metres of children’s play equipment, public swimming pools, spectator areas at sports grounds, public transport stops and platforms (including taxi ranks), within 4 metres of the entrance to a public building, commercial outdoor dining areas, and cars carrying anyone under 16. The on-the-spot fine is A$300.

Drinking in public

Unlike much of the UK, you often can’t drink in parks, on beaches or in the street. Councils set “alcohol-free zones” on roads and footpaths and “alcohol prohibited areas” in parks and on beaches. Police can take your drinks away and you can be fined. Look for signs, or check your council’s website before a beach picnic.

At the beach

Swim between the red and yellow flags. They mark the part of a beach patrolled by lifesavers. Rips (strong currents that pull you out to sea) are the biggest danger and are hard to spot. If you get into trouble, stay calm, float and raise one arm. In NSW, every one of the 61 coastal drownings in 2023–24 happened at a place without a patrol or outside patrol hours.

What to do next

  1. Tick “yes” on your arrival card for any food or outdoor gear
  2. Leave the car if you’ve had a drink
  3. Only swim between the red and yellow flags
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