In South Australia there is no law prohibiting the presence of an open alcoholic beverage in the car while driving. A bill was proposed in 2010 but it never passed (See 1 in Appendix). Western Australia similarly has no laws prohibiting this.

Queensland and Victoria have similar laws under which neither drivers or a person supervising a learner may consume alcohol while driving. The laws in Victoria extend not only to drivers but also people who are in charge of a vehicle. This means that although you may be allowed to drink alcohol in your car while stationary in Queensland, you would be breaking the law if you did this in Victoria as you would be deemed “in charge” of the vehicle at the time.

In New South Wales all drivers are prevented from drinking alcohol while driving. Unlike Queensland and Victoria however, it does not make any mention of passengers also being restricted from drinking even when supervising a Learner driver.

Tasmania completely forbids the consumption of alcohol by anyone in the car, including passengers.

Appendix

1.

Part 2—Amendment of Road Traffic Act 1961

13—Insertion of section 84 After section 83A insert:

84—Consumption of liquor while driving    

  (1)     A person must not consume liquor while driving a vehicle or attempting to put a vehicle in motion. Maximum penalty: $2,500.    

  (2)     In proceedings for an offence against this section, an allegation in a 15 complaint that a substance referred to in the complaint was liquor must be accepted as proved in the absence of proof to the contrary.      

 (3)     In this section— liquor has the same meaning as in the Liquor Licensing Act 1997 (and includes, to avoid doubt, a substance declared by regulations 20 made under that Act to be liquor for the purposes of that Act)

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