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Lawstuff australia – know your rights – – topics – cigarettes

March 6th, 2015

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 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

Reach Out

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

This page was last updated 11 November 2014.

New york increases minimum age to buy cigarettes to 21

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U.S. News New York increases minimum age to buy cigarettes to 21 Agence France Presse
18 May 2014 at 18 40 ET Don’t miss stories. Follow Raw Story! Follow rawstory

New York raised the minimum age to buy cigarettes to 21 on Sunday, in its latest initiative to encourage healthier behavior among residents.

The law, signed November 19 shortly before former mayor Michael Bloomberg finished his second term, had a six month waiting period before it came into effect but its impact can already be clearly felt.

“Under 21, no tobacco,” warned a small sign at the entrance of a small shop that sells smokes, newspapers, candy, coffee and cakes, in the Nolita neighborhood (North of Little Italy).

No tobacco, either, for anyone who can’t present a valid ID proving their age. Shopkeeper scan IDs to test their authenticity before handing over the box of cigarettes.

The measure unprecedented among America’s big cities raises the legal age to buy cigarettes from 18. It also applies to other forms of tobacco and to e cigarettes.

It’s the latest of New York’s efforts to reduce smoking in the city, which bans cigarettes and, as of April 29, e cigarettes in restaurants and bars, in parks or squares, and at the city’s public beaches. Some private residential buildings have also banned smoking.

Cigarette taxes in the city are also the highest in the country $5.85 a carton, which brings the overall price to around $12. In addition, the city has established a minimum price of $10.50 a box for cigarettes.

Nataleigh Kohn, 23, who works at a startup company, underwent her ID check with good grace.

“It is a good thing. People in high school can’t start smoking,” she said.

Thomas Wall, 24, a former smoker who works in architecture, agreed, though he said the measure probably wouldn’t eliminate teen smoking all together.

He compared the new age restriction to the ones around alcohol, which set the US drinking at at 21.

When underage people want alcoholic drinks, they often get them from older people who buy for them.

Shopkeeper Muhammad Arisur Khaman said he’s seen some complaints since the law was implemented, but not many. He just tells unhappy clients “It’s the law.”

The higher minimum age is “a step in the right direction,” said Pat Bonadies, a teacher walking with a group of students in Union Square.

The 52 year old said there has been a sea change in attitudes towards smoking.

“When I was younger, smoking was much more prevalent among teenagers and preteens in restaurants and social settings,” she said.

“Even my mother’s friends, they smoked during their pregnancies.”

The city has seen a sharp drop in adult smokers, from 21.5 percent in 2002 to 14.8 percent in 2011, according to official statistics.

But the smoking rate among young people has been steady since 2007, at 8.5 percent, which was part of the impetus for raising the minimum age.

Authorities hope that the new law will cut the smoking rate among 18 to 20 years by more than half.

New York hopes to inspire other cities to pass similar age restrictions.

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