It is against the law for anyone, other than your parent or guardian, to supply cigarettes to you if you are under 18.
You cannot be forced to show ID by a shop keeper. But if you don’t, they probably won’t sell you cigarettes. Valid ID includes:
- a drivers license; or
- a proof of age card (including NSW Photo cards); or
- a passport.
It is against the law to use a fake ID to buy cigarettes. You can be fined for doing so. For more information see our Fake ID page.
The police can confiscate your cigarettes if they have a reason to think
- you are under 18; and
- you just bought or were given them by someone who was breaking the law.
You will be asked for ID first.
In Queensland, it is against the law to smoke in an enclosed place other than someone’s home. A place is enclosed if it has a roof, and is mostly surrounded by walls (even if there are doors or open passageways).
Some examples of places that are usually enclosed places are:
- Shopping centres;
- Indoor restaurants, cafes and dining areas;
- Pubs, clubs and bars (except designated smoking areas);
- Indoors at 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;
It is against the law to smoke within 4 metres of the entrace to any of these places.
It is also against the law to smoke in outdoor eating and drinking areas of cafes, restaurants and other places that food and drink are served.
Some outdoor areas are also smoke-free areas, like:
- Sport venues;
- Patrolled areas of beaches;
- Near public pools and swimming areas;
- Near children’s playgrounds.
If you are caught smoking in any of the above places, you can.
- be given a warning; or
- be given a formal caution; or
- be fined on the spot by the police ($220); or
- choose to have the matter decided by a court (which may fine you up to $2,200 if you are convicted).
It is up to the police whether to give you a warning or a formal caution, but you can always choose to go to court instead.
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.
You cannot smoke in a car if there is someone younger than 16 in the car. The possible penalties are the same as for smoking in other smoke-free areas (above).
If you would like more information, you may like to visit:
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.
Send your questions to Lawmail
Can't find the info you are looking for? Got a problem you can’t solve?
If you're under 25, or an adult asking on behalf of a person under 18, you can send your questions to Lawmail and we will email an answer to you in under 10 days. Urgent matters are dealt with more quickly.
Go to Lawmail. It’s free and confidential.