Cigarettes

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

Buying cigarettes?

If you are under 18, you must not smoke tobacco, use or possess a tobacco product. It is against the law for anyone to sell cigarettes to you. This includes cigarettes that don’t 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 you look like you might be under 18, the staff can ask you to provide valid ID.  Valid ID includes:

• a current drivers’ license; or
• a photographic Keypass identification card; or
• a current passport.

Can police confiscate my cigarettes if I am under 18?

If you are under 18 and caught with cigarettes, they can be confiscated by the police.  The police may also:

• provide you with approved information;
• give you a warning;
• ask for your name and address;
• tell your parents.

You will probably be asked for ID first.  The police cannot:

• use force to confiscate your cigarettes; or
• search you to find the cigarettes.

Anything confiscated from you will not be returned.

Where can I smoke?

Indoors

It is against the law to smoke in enclosed public places and workplaces in Tasmania.  Enclosed places are places that have a roof, and are mostly surrounded by walls (even if there are doors or open passageways).  This includes places you have to pay to enter (like a theatre).

Some examples of places where smoking is illegal 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.

Outdoors

It is also illegal to smoke outside:

• Where food or drink is served, like outdoor cafes and restaurants
• On a beach between the flags
• Within 10 m of playground equipment.
• Within 20 metres of competition and seating areas at organised sports events;

Penalties

If you are caught smoking in such a place, unless there was no simple way of knowing the place was a smoke-free area, you may:

• be warned and told to stop smoking; or
• be fined $326 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 up to $3,180 if convicted).

It is up to the police whether to give you a warning or fine, but you can always choose to go to court instead.

Can I smoke in a car?

You cannot smoke in a car if there is someone younger than 18 in the car, or if you are driving as part of your job and anyone else is in the car.  If you are caught, you can:

• be given a warning or caution; or
• be fined $326 on the spot by the police (if you are 16 or older); or
• choose to have the matter decided by a court (which may fine you up to $3,180 if convicted).

Additional information

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

• Tasmania Health (https://www.health.tas.gov.au/health-topics/smoking/tobacco-action-tasmania-0).
• 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.