Lawstuff australia — know your rights — — topics — cigarettes

800×600 Normal 0 false false false EN AU X NONE X NONE MicrosoftInternetExplorer4 When can I buy 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?

The shop keeper can ask you for ID if they think you might be under 18. Valid ID includes

  • a current drivers license or
  • a valid proof of age card (including NSW Photo cards) 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 them is not allowed to return them to you.

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). This includes places you have to pay to enter (like a theatre).

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 a warning 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 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
  • Reach Out

Alternatively, if you would like more detailed advice or have a specific problem, you can send us a Lawmail.



Last updated June 2012


Age to buy cigarettes could soon change in colorado « cbs denver

DENVER (CBS4) Right now 18 is the magic age for gambling and buying tobacco, but the age to buy cigarettes could soon change in Colorado.

Lawmakers are debating raising the age for buying cigarettes and the bill could pass. It has a Democratic and Republican sponsor in each chamber. The legislation would make it illegal for anyone under age 21 to buy not only cigarettes, but e cigarettes and chewing tobacco.

It’s estimated nearly 90 percent of smokers begin smoking before age 21. State Rep. Beth McCann, D Denver, says its time Colorado made it more difficult for them to start.

The thing about tobacco is it s very addictive, so if you get started when young it s very difficult to quit, and we know tobacco smoking is harmful, it causes cancer, McCann said.

McCann has introduced the bill that would raise the legal age to buy cigarettes in Colorado from 18 to 21. While the legislation has support from Democrats and Republicans, it also has opposition from both.

This is part of a bigger conversation about how we treat 18, 19 and 20 year olds in our country and in our state, said Rep. Jonathan Singer, D Longmont.

As a former drug and alcohol abuse counselor, Singer says he understands the health concerns. Teenagers who smoke are more likely to do other drugs and are at a higher risk for lung disease, and on average will die younger. But Singer says our laws send mixed messages about what we trust young people to do.

If you’re 18 and we trust you to die for our country, we trust you to take other people’s lives for our country, but at the same time we don’t trust you with cigarettes, it seems very backwards, Singer said.

Well, you know, we don’t allow people to buy alcohol under 21. We don’t allow them to buy marijuana under 21, and so tobacco in some instances is just as harmful if not more harmful, McCann said.

Under the legislation it would be a petty offense to buy tobacco under the age of 21 or sell tobacco to an underage person. Anyone who is already 18 as of June 30 would be grandfathered in.

Gov. John Hickenlooper says he’s still reviewing the bill.

Last year New York City raised the age to 21. Utah and Maryland are also considering raising it.