The rider of a motor bike that is moving, or is stationary but not parked, must--

(a)

wear an approved motor bike helmet securely fitted and fastened on the rider's head; and

(b)

not ride with a passenger unless the passenger complies with subrule (2).

Offence provision.
Note-- Motor bike and park are defined in the dictionary.

However, the rider of a motor bike that is moving, or is stationary but not parked, is exempt from wearing an approved motor bike helmet if--

(a)

the motor bike's engine is not on; and

(b)

the rider is pushing the motor bike; and

(c)

in the circumstances, it is safe for the rider not to wear the helmet.

A passenger on a motor bike that is moving, or is stationary but not parked, must wear an approved motor bike helmet securely fitted and fastened on the passenger's head.

In this rule--
approved motor bike helmet means a helmet--

(a)

made in compliance with--

(i)

AS 1698; or

(ii)

AS/NZ 1698; or

(iii)

the United Nations Economic Commission for Europe standard 22.05 (the UN standard); and

(b)

that has an identifying mark certifying compliance with a standard mentioned in paragraph (a); and

(c)

that is in good repair and proper working order and condition.

For South Australia, see regulation 38 of the Road Traffic (Road Rules--Ancillary and Miscellaneous Provisions) Regulations 2014.

 

1

A helmet that is scratched or marked but the scratch or mark has not--

(a)

penetrated the helmet's outer shell; or

(b)

damaged the helmet's retention system; or

(c)

damaged the helmet's inner lining.

2

A helmet that is damaged to a degree that might reasonably be expected from the normal use of the helmet.

The gazette entry is written as a complicated delete and substitute process for each clause making it difficult to read.
The information above is as it appears in the amended Australian Road Rules to make it easier to read.