Cigarettes

For free and confidential legal advice about this topic, please contact us here.

Buying cigarettes?

It is against the law for anyone to sell cigarettes to you if you are under 18. This can include herbs and other things that are smoked, even if they do not contain tobacco. Anyone who sells or gives cigarettes to someone under 18 can be heavily fined.

Do I have to show ID?

If you’re buying cigarettes and look like you might be under 18, the shopkeeper can ask you to provide Valid ID.. Valid ID includes:

• a current drivers’ license; or
• a valid proof of age card; or
• a current passport.

If you refuse, lie, or use fake ID, you are breaking the law.  You can be fined for doing so, and the police may confiscate the ID.  For more information see our Fake ID page.

Can anyone confiscate my cigarettes if I am under 18?

Police and school teachers can confiscate cigarettes from you if you are under 18.  The person who takes the cigarettes off you must destroy them, so you will not get them back.

Where can I smoke?

Indoor places

It is against the law to smoke in enclosed public places in South Australia.  Enclosed public places are places that are open to the public, have a roof, and are mostly surrounded by walls (even if there are doors or open passageways).  

Some examples of these places are:

• Shopping centres;
• Restaurants, cafes and dining areas;
• Pubs, clubs and bars (except designated smoking areas);
• Schools, colleges and universities;
• Community centres, halls and churches;
• Theatres, libraries and galleries;
• Public transport (buses, trains, trams, aeroplanes, taxis, ferries);
• Gyms and sporting facilities;
• Hospitals.

If you are caught smoking in one of these places, you can:

• be given an informal caution; or
• fined $75 on the spot by police (if you are 16 or older); or
• choose to have the matter decided by a court (which may fine you $200 if you are convicted).

Can I smoke when wearing my school uniform?

Some schools have rules about how you can behave when wearing school uniform. If your school has these kinds of rules, you may get in trouble for smoking in school uniform.  For more information, ask your school for information about its uniform and smoking policies.

Can I smoke in a car?

You cannot smoke in a car if there is someone younger than 16 in the car.  The possible fines are the same as for smoking in public places, above.

Additional information

If you would like more information, you may like to visit:

• South Australia Health (http://www.tobaccolaws.sa.gov.au/Default.aspx?tabid=49).
• Reach Out (https://au.reachout.com/articles/how-to-quit-smoking)

Alternatively, if you would like more detailed advice or have a specific problem, you can get help here.