Cigarettes

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

Buying cigarettes

If you are under 18 it is against the law for anyone to sell cigarettes to you. Anyone who sells cigarettes to someone under 18 can be heavily fined.

It is also against the law for someone  over 18 to buy cigarettes for you.  Anyone who does can be 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 drivers’ license; or
• a proof of age card (including NSW Photo cards); or
• a passport.

Most staff will always ask you to provide ID if you look younger than 25. You cannot be forced to show ID by staff, but if you don’t, they probably won’t sell you cigarettes.

It is against the law to use a fake ID to buy cigarettes.  You can be fined for doing so, and the police may confiscate the ID.  For more information see our Fake ID page.

Can police confiscate my cigarettes if I am under 18?

There is no law which says the police can confiscate your cigarettes just because you are under 18.  

Where can I smoke?

In Victoria, it’s against the law to smoke in a smoke-free area. All enclosed workplaces are smoke free areas. Enclosed workplaces are places that have a roof, are mostly surrounded by walls (even if there are doors or open passageways), and where at least one person works.

Some examples of places that are usually enclosed workplaces are indoor areas of:

• Shopping centres;
• Restaurants, cafes and dining areas;
• Pubs, bars and clubs;
• Schools, colleges and universities (and your school may have a no smoking rule);
• Community centres, halls and churches;
• Theatres, libraries and galleries;
• Public transport (buses, trains, trams, aeroplanes, taxis, ferries);
• Gyms and sporting facilities
• Hospitals;
• Anywhere when an underage music event is taking place;

Certain types of outdoor areas are also smoke-free areas. These include:

• Places near outdoor children’s play equipment,
• Swimming pool complexes
• Patrolled beaches (Between or within a 50m radius of the red and yellow flags)
• Skate parks
• Organised underage sporting events (eg. a sports ground)

If you are caught smoking in any of the above places you may:

• be given a formal warning; or
• be fined on the spot by the police  $161.19; or
• choose to have the matter decided by a court (which may fine you up to $805.95 if convicted).

Can I smoke in a car?

You cannot smoke in a car if there is someone younger than 18 in the car.  If you are caught you can:

• be given a formal warning; or
• be fined on the spot by the police) $322.38; or
• choose to have the matter decided by a court (which may fine you up to  $805.95 if convicted).

Additional information

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

• Reach Out: https://au.reachout.com/articles/how-to-quit-smoking
• Victoria Health: http://www.health.vic.gov.au/tobaccoreforms/smokers.htm

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