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Is there a Federal Law?
Currently, there are no federal Australian laws that make it illegal for an individual to sleep in their car. Australian Federal Law doesn’t often extend into criminal or motor vehicle jurisdictions, so the law surrounding this is State-based.
The absence of federal laws means that states and local governments have the power to decide on whether they will allow you to sleep in your car. As a result, the laws differ from state to state, and perhaps even from city to city. Make sure you research before you hit the sack, or in your case, the car seat.
New South Wales
In New South Wales, sleeping in your car is perfectly legal.
The NSW Local Government Act concludes that it is legal for someone to sleep or live in a vehicle on a street, so long as parking is permitted on that road. In fact, the NSW Roads and Maritime Services encourages those driving long distances to stop and sleep. However, anyone can sleep in their car, not just those driving long distances. If you park your car in a restricted zone however, you may be requested to move your vehicle or issued with a fine.
Victoria
On a state level, sleeping in your car is legal in Victoria. However, many councils are attempting to introduce by-laws to make it illegal. Local laws prohibiting such conduct already exist in Victorian municipalities such as Hobsons Bay, Greater Geelong, or Manningham. More Councils are taking this approach, as more have introduced laws which make sleeping in your car illegal. If you intend on sleeping in your car anywhere in Victoria, make sure you check the rules of the relevant local council.
Queensland
Queensland has the strictest laws in relation to sleeping in your car.
The City of Brisbane Act 2010 concludes that camping is strictly prohibited unless it is carried out in a designated campground. This includes sleeping in your vehicle on any road or park. If you’re making a pit stop in Brisbane, make sure to get some overnight accommodation. Those who are caught sleeping in their car will face a hefty fine and may even be prosecuted. The rules are similar in the Northern Territory, where camping in a public place is ‘actively discouraged’. |
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