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In Australia, it is illegal to sell or supply tobacco products to people under the age of 18. However, the definition of a minor varies across states, with some defining minors as under 16 or 17. While it is not illegal for 16-year-olds to smoke cigarettes or e-cigarettes, there are laws prohibiting the sale or supply of such products to this age group. Smoking and vaping near minors are also prohibited in cars and certain public areas.
| Characteristics | Values |
|---|---|
| Legal age to smoke in Australia | 18 |
| Legal age to sell tobacco products in Australia | 16 |
| Legal age of a minor in a car in Australia | 16 |
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What You'll Learn
It is illegal to sell tobacco to under 18s in Australia
In Australia, it is illegal to sell tobacco to anyone under the age of 18. This law is enforced by the Public Health (Tobacco and Other Products) Act 2023, which came into effect on April 1, 2024, and consolidated and replaced previous tobacco-related laws. The act includes a ban on smokeless tobacco products and the advertising and promotion of regulated tobacco items, with mandatory plain packaging for all tobacco products.
The sale of tobacco products to minors is prohibited under Section 39E of the Tobacco and E-Cigarette Products Act 1997, which states that it is an offence to sell or supply tobacco or e-cigarette products to anyone under the age of 18. Retailers are required to display an A4-sized sign, known as a "prescribed notice," reminding customers and staff that the sale or supply of tobacco to those under 18 is illegal and that proof of age may be requested. Significant penalties apply for non-compliance, with fines ranging from $5,000 to $30,000 for individuals and businesses, and up to $1 million for a Responsible Person (business proprietor) for a first offence.
In addition to federal legislation, some Australian states have implemented their own measures to restrict youth access to tobacco. For example, in some states, the police have the authority to confiscate cigarettes or other tobacco products from individuals under 18. Furthermore, a minor is defined as an individual under the age of 16, 17, or 18, depending on the specific state or territory. As such, it is illegal to smoke in a car when a minor is present, and there are laws prohibiting smoking in public areas near schools, hospitals, playgrounds, and other specified locations.
While it is not illegal for individuals under 18 to smoke or use e-cigarettes, there are laws in place to restrict their access to tobacco products. These laws aim to reduce smoking rates and tobacco-related harm in the community, as well as curb the illicit tobacco trade.
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It is illegal to smoke in a car with a minor present
In Australia, it is illegal to smoke in a car with a minor present. A minor is defined as someone under the age of 16, 17, or 18, depending on the specific state or territory. This law is in place to protect young people from the harmful effects of second-hand smoke and to reduce their exposure to tobacco products.
While it is not illegal for individuals under the age of 18 to smoke cigarettes or e-cigarettes (vapes) in Australia, there are laws in place to limit their access to these products. It is illegal to sell or supply tobacco products to anyone under the age of 18, and retailers are encouraged to refuse sales if they believe the purchaser is under 18. These laws are designed to reduce the number of children who can access tobacco and become addicted to smoking.
The penalties for selling or supplying tobacco products to minors can be significant. For individuals, the expiation fee or on-the-spot fine is $10,000, while businesses face a fine of $30,000. The penalty for a Responsible Person, such as the proprietor of a business, can be up to $1 million for a first offence.
In addition to the restrictions on selling tobacco to minors, it is also illegal to smoke or vape in or near certain public areas, including public transport areas, playgrounds, schools, hospitals, and beaches. These laws further protect minors and the general public from the harmful effects of second-hand smoke.
It is important to note that the legal age for smoking and tobacco-related laws may vary slightly between different states and territories in Australia. Therefore, it is always advisable to refer to the specific laws and regulations of the relevant state or territory.
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Tobacco products must be in plain packaging
In Australia, it is illegal to sell or supply tobacco products to anyone under the age of 18. In some states, the police can confiscate cigarettes or other tobacco products if they suspect the owner is underage. It is also illegal to smoke in a car with a minor present, where a minor is classed as someone under the age of 16, 17, or 18, depending on the state.
In Australia, tobacco products must be in plain packaging. This means that packaging must be in a certain colour and cannot display brand logos, images, or promotional text. The Plain Packaging Measures were established in Australia in 2011 and are part of Australia's comprehensive tobacco control scheme, which includes taxation measures and educational campaigns. The scheme aims to reduce the appeal of smoking, especially to teens, by removing attractive colours, eye-catching designs, and engaging characters from tobacco packaging.
The Public Health (Tobacco and Other Products) Act 2023, which includes the ban on smokeless tobacco products, also enforces plain packaging requirements. The Act outlines that tobacco products must not include certain ingredients and design features, and must comply with specific size and design requirements. The legislation applies to manufacturers, packagers, suppliers, and retailers of tobacco products, even if the products are not visible to the public.
The World Trade Organization (WTO) has assessed Australia's plain packaging regulations, recognising that the objective is to protect public health by controlling the use of tobacco products. The WTO ruled that not fulfilling this objective would pose a significant public health risk, as the use of and exposure to tobacco products would not be reduced. As a result, the WTO concluded that the Plain Packaging Measures are consistent with their obligations relating to public health restrictions.
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Tobacco advertising is banned
In Australia, it is illegal to sell or supply tobacco products to anyone under the age of 18. However, there is no specific mention of whether it is illegal to smoke at the age of 16 in Australia. In some states, the police can confiscate cigarettes or other tobacco products if they suspect the individual is under 18.
The Public Health (Tobacco and Other Products) Act 2023 bans the advertising and promotion of tobacco and e-cigarette products. This includes restrictions on sponsorships, point-of-sale advertising, and the retail display of tobacco products. All tobacco products must be in plain packaging, with no logos, brand images, or promotional text. Brand names are also subject to restrictions on their appearance. The Act also mandates specific text and graphic health warnings on tobacco packaging.
The Australian Government has implemented these measures to reduce the appeal of tobacco products and discourage smoking. The plain packaging requirements ensure that tobacco products are not marketed in an appealing manner, and the health warnings provide consumers with information about the harmful effects of tobacco use.
In addition to advertising restrictions, the Australian Government also imposes excise taxes on tobacco products to make them less affordable. These taxes are indexed based on average weekly earnings to ensure that tobacco remains costly over time. The Government also established the Illicit Tobacco and E-cigarette Commissioner within the Australian Border Force to combat the illicit tobacco trade. These comprehensive measures demonstrate Australia's commitment to reducing tobacco consumption and protecting public health.
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Smoking is prohibited in public areas
While there are laws that limit young people's access to tobacco products in Australia, it is not illegal for those under 18 to smoke cigarettes. However, smoking is prohibited in many public areas across the country.
Since 2006, a smoking ban has been in place in all enclosed public places in Australia. This includes government buildings, public transport areas (such as bus stops, tram stops, railway stations, taxi ranks, and airports), and public indoor dining areas. Some states have extended this ban to outdoor dining areas as well, with exceptions made for designated outdoor smoking areas that adhere to specific requirements. For example, in Western Australia, smoking is banned within 10 metres of any children's playground equipment and "between the flags" on a beach in patrolled swimming areas. Similarly, South Australia prohibits smoking beneath covered public transport waiting areas and in public outdoor dining areas.
Smoking is also banned in certain types of facilities and institutions. For instance, smoking has been prohibited in prisons within the Australian Capital Territory since June 2023, and all South Australian prisons banned smoking by the end of 2019. Smoking is not allowed in correctional facilities in the state since 2015. Additionally, smoking is banned in all women's prisons in Western Australia as of March 2024.
It is worth noting that the definition of an "enclosed" space may vary slightly between states. For example, in South Australia, a place or area is considered "enclosed" if it is fully enclosed or partially covered by a ceiling and walls, such that the total area of the ceiling and wall surfaces exceeds 70% of the total notional ceiling and wall area.
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Frequently asked questions
Smoking tobacco is not illegal in Australia, but it is a controlled substance. It is illegal to sell or supply tobacco products to anyone under the age of 18.
If a 16-year-old is found smoking by a police officer, they can be asked to provide their name and address, as well as the name and address of their parent(s). They may also be asked to provide information on who supplied the tobacco product to them. If they are unable to produce evidence of being 18 or over, their tobacco products may be seized.
Yes, smoking is prohibited in various public areas, including public transport areas (bus stops, tram stops, railway stations, etc.), public playgrounds, schools, hospitals, beaches near jetties, and more. It is also illegal to smoke in a car when a minor (someone under the age of 16, 17, or 18, depending on the state) is present.
