A few years ago, Victoria Police posted a question that more than a few of us have probably thought about when lining up at the drive-through window… can you use your phone to pay?

Of the 54,000 respondents, nearly two-thirds gave a resounding “yes.” But the twist? Victoria Police then dropped the bombshell that, at the time, the move was actually illegal, with penalties reaching hundreds of dollars in fines and several demerit points. They added that if you wanted to use your phone to pay at the drive-through window, drivers had to “apply the hand brake, switch the engine off and then access your mobile phone. In doing so, you are not considered driving.”

Now, five years later, have the laws changed, or could your next Macca’s run still get you pinged?

For Victoria, NSW and Queensland, the laws have caught up, allowing phone payments at the drive-through.

However, it’s still a legal no-go in plenty of places, meaning that 10-piece pack of nuggs could attract an add-on of $336 in Tassie, $500 in WA, to $534 in SA.

Here’s the lowdown on where you can and can’t use your phone to pay at the drive-through:

  • NSW, QLD, VIC: Good to go – no penalty.
  • ACT: Expect a $470 fine and 3 demerit points.
  • TAS: You could be hit with a $336 fine and 3 demerit points.
  • WA: A potential $500 fine and 3 demerit points.
  • SA: The steepest at $534 and 3 demerit points.
  • NT: A $500 fine and 3 demerit points.

The sort-of good news is, that while its still against the law in WA, our local cops don’t consider it a high priority.

In 2019, the then-WA Police Commissioner Chris Dawson compared it to jaywalking – technically illegal, but not heavily enforced, buuuuut “if someone is putting themselves in danger, I expect discretion and common sense to be used.”