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REGION MEDIA
By Claire Fenwick
8 September 2026

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Canberra’s seatbelt cameras haven’t issued infringement notices for two weeks after an “administrative oversight” was discovered that had enabled a legal technicality.

City and Environment Directorate checks found that when mobile device detection cameras were also authorised to issue seatbelt-related fines, the relevant legislative instrument didn’t contain the word “seatbelt”.

This meant the cameras were technically authorised to issue infringement notices (first double-checked by authorised agents) regarding speeding, registration, insurance and mobile device offences, but not seatbelt offences.

Executive group manager Josh Rynehart explained seatbelt infringements were paused from 24 August while the legal technicality was worked through.

“While [at the time of introduction] the legislation was amended and the community was aware of using the cameras for the purpose of detecting seatbelt [offences], there’s a pertinent question … about admissions of evidence,” he said.

“There’s no question the cameras were operating as required.”

Mr Rynehart went to great pains to explain that this didn’t make seatbelt offences detected over the past nine months (between the capability going live and now) invalid.

“This is a highly technical point on the inclusion of the word ‘seatbelt’ in the disallowable instrument,” he said.

“It was an administrative oversight … while this was a technical deficiency, there’s no question – from our perspective – that the cameras were operating appropriately.”

The director-general has now signed a new disallowable instrument to resolve the legal issue.

There have been about 13,000 seatbelt infringements issued since November 2025.

As of 24 August, 3899 had been paid, 2640 were otherwise resolved (eg, transferred to a payment plan, withdrawn or received a court determination), and 6311 were outstanding.

The unpaid fines could be due to people seeking reviews or to their not having hit the ‘payback’ time threshold yet.

The fines that were requested for review or withdrawal were put on hold until the new disallowable instrument was notified on the legislation register.

Those who have already paid their fines shouldn’t expect a refund.

“From a Territory perspective, paying the infringement settles the matter,” Mr Rynehart said.

He added that it was preferable that no infringements be issued for misuse of or failure to wear seatbelts, as well as for other detectable offences.

“It’s incredibly important … that people wear a seatbelt, as well as not speeding and not using mobile devices while driving,” Mr Rynehart said.

“This is about road safety.”

Retrospective legislation is being considered for the outstanding fines to make it legally clear that they still need to be paid.

Mr Rynehart said this was necessary, as all public education and communication made it clear that seatbelt offence infringement notices would always be a purpose of the cameras.

“[The proposed retrospective legislation] would make it absolutely clear that it was always intended for the cameras to do this,” he said.

It would establish a mechanism to resolve any legal ambiguity arising from the outstanding infringements issued between 3 November 2025 and 24 August, should they be disputed in court.

It’s expected this retrospective legislation will be debated during the September sitting weeks of the Legislative Assembly.

An ACT Government spokesperson said all political parties and independents had been briefed on the matter, including the possibility of retrospective validation legislation.

“The legislation enabling the mobile detection camera program was unanimously passed by the Legislative Assembly last year, reflecting a shared commitment across all parties to improving road safety,” they said.

“The government has been assured that the issue is administrative in nature and does not indicate any error with the technology used to detect and record offences.

“The community should continue to have confidence that dangerous driving behaviours are being monitored on our roads and action is being taken to improve safety for all road users.”

Opposition Leader Mark Parton said his party was considering “all options”, including the possibility of refunds.

“The government has monumentally stuffed up,” he said.

“It’s extremely embarrassing, and we look forward to hearing more from government on possible ways forward.”

Mr Parton said his shadow cabinet had discussed whether a complete review of the seatbelt cameras operation was needed.

Shadow Police Minister Deborah Morris added that while this was an error at a public service level, the ministers needed to answer for what had happened.

“[The ACT Government has] been caught out unlawfully issuing very hefty fines to members of the community, [so] the ACT government absolutely needs to take responsibility for that, and I sincerely hope that they will not be throwing public servants under the bus to protect [themselves],” she said.

“They want Canberrans to pay for doing the wrong thing, but perhaps they need to pay for doing the wrong thing.”

The new disallowable instrument came into effect on Tuesday (8 September).

Seatbelt infringements issued 'unlawfully' due to 'administrative oversight', but don't expect a refund | Region Canberra