Have to be, is relative. It's common for taxis and uber drivers to not have restraints. Uber has a deliberate "child seat" option when you book.
Per Qld Transport's Exemptions page I've underlined the pertinent bits. "Have to be", relates to private vehicles (i.e. what you, family or...
Looking at the video, I reckon he was turning into whatever that shop was and probably distracted.
Taking odds the hospital test will show he has some in system but not enough to be an impairment
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