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If i go into work tomorrow i will look it up in the code, pretty sure its not illegal. I think the ruling is if you have one it must be in road legal condition and correctly inflated.

lots of new cars don't come with spares, some come with a puncture repair goo kit and thats all.

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i looked a bit online but not from any sources that give definites. I just took / unbolted my twin 12" sub box and realised there was a spare tyre, so I immedietly thought DEFECT if i was to be pulled over. I want boot room so i was thinking of putting 1x 12" sub back in, but remove the spare tyre and have the sub lay down in its place and have one of those inflation goo repair things for if i get a flat.

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https://www.sau.com.au/forums/topic/289485-spare-tyre/#findComment-4847485
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