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Cigarettes

·         When can I buy cigarettes?

·         Do I have to show ID?

·         Can the police confiscate my cigarettes?

·         Where can I smoke?

·         Can I smoke when wearing my school uniform?

·         Can I smoke in a car?

 

When can I buy cigarettes?

 

It is against the law for anyone to sell cigarettes to you if you are under 18. This includes cigarettes that don’t contain tobacco.  Anyone who sells or gives cigarettes to someone under 18 can be heavily fined.

 

 

Do I have to show ID?

 

You cannot be forced to show ID.  But if you don’t, the shop keeper probably won’t sell you cigarettes.  Valid ID includes:

 

  • a current drivers’ license; or


  • a photographic Keypass identification card); or


  • a current passport.

 

For more information see our Fake ID page.

 

 

Can police confiscate my cigarettes if I am under 18?

 

If you are under 18 and caught with cigarettes, they can be confiscated by the police.  The police may also:

 

  • give you a warning;


  • ask for your name and address;


  • tell your parents.

 

You will probably be asked for ID first.  The police cannot:

 

  • use force to confiscate your cigarettes; or


  • search you to find the cigarettes.

 

Anything confiscated from you will not be returned.

 

 

Where can I smoke?

 

Indoors

 

It is against the law to smoke in enclosed public places and workplaces in Tasmania.  Enclosed places are places that 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 places where smoking is illegal 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.

 

Outdoors

 

It is also illegal to smoke in outside:

 

  • Where food or drink is served, like outdoor cafes and restaurants;


  • On a beach between the flags;


  • Within 10 m of playground equipment;


  • Within 20 metres of competition and seating areas at organised sports events.

 

Penalties

 

If you are caught smoking in such a place, unless there was no simple way of knowing the place was a smoke-free area, you may:

 

  • be warned and told to stop smoking; or


  • be fined $280 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 up to $2,800 if convicted).

 

It is up to the police whether to give you a warning or fine, but you can always choose to go to court instead.

 

 

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 18 in the car, or if you are driving as part of your job and anyone else is in the car.  If you are caught, you can:

 

  • be given a warning or caution; or


  • be fined $280 on the spot by the police (if you are 16 or older); or


  • choose to have the matter decided by a court (which may fine you up to $2,800 if convicted).

 

Additional information

 

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.