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Smoking, the rules and regulations

In South Australia the sale, supply, promotion and use of tobacco and areas where smoking is prohibited is regulated by the Tobacco Products Regulation Act 1997.

Information is available on the following areas:

Changes to tobacco control laws in South Australia from 31 March 2019

From 31 March 2019, changes to the Tobacco Products Regulation Act 1997 will commence, including:

  • new laws for electronic cigarette (e-cigarette) products;
  • increases in penalties and expiation fees
  • a definition of ‘shisha’ tobacco; and
  • other minor administrative changes to improve the functioning of the Act, including some changes to definitions and removal of unnecessary provisions.

The name of the Act will also change on 31 March 2019, from the Tobacco Products Regulation Act 1997 to the Tobacco and E-Cigarette Products Act 1997.

For further information, see also New e-cigarette laws and other changes to tobacco laws in South Australia.

The new laws are detailed in the Tobacco Products Regulation (E-Cigarettes and Review) and Amendment Act 2018 and the Tobacco and E-Cigarette Products Regulations 2019.

Smoke-free areas

The health effects of passive smoking have become well known in recent years. Passive smoking can cause a number of serious illnesses including heart disease, stroke, lung cancer and nasal sinus cancer. Community support for smoke-free, safe and healthy environments is very high. As a result, many South Australian public areas have become voluntarily smoke-free over the past decade, including outdoor events. Other areas are smoke-free under legislation, including:

For more information on the effects of smoking, see the Risks of smoking page.

Laws regulating the sale and supply of tobacco products

There are laws regulating the sale and supply of tobacco products. These laws require all retailers to hold a current South Australian Retail Tobacco Merchant's Licence and comply with all conditions of that licence at all times.

Tobacco and minors

To sell or supply tobacco products to people under 18 years of age (minors) is prohibited and carries a fine of $315. If a prosecution proceeds to court the maximum penalty is $5,000 and the possibility of licence suspension or cancellation applies. Minors employed by licenced retail stores can legally sell tobacco products, however this is not recommended as they may be less confident about asking to see identification or refusing a sale.

Reporting a suspicion

If you suspect a tobacco retailer of selling tobacco products to minors or any other breaches of the law, you can report it to SA Health's Health Protection Operations. All calls are treated confidentially.

What is a tobacco product?

Tobacco product is defined under the Tobacco Products Regulation Act 1997 as:

  • a cigarette; or
  • a  cigar; or
  • cigarette or pipe tobacco; or
  • tobacco prepared for chewing or sucking; or
  • snuff; or
  • any other product containing tobacco of a kind prescribed by regulation; or 
  • any product that does not contain tobacco but is designed for smoking, and includes any packet, carton, shipper or other device in which any of the above is contained.

Waterpipes or waterpipe products, including shisha and hookah products, are considered to be tobacco products under the Act (including products that do not contain tobacco).

Matches and cigarette lighters are not tobacco products and therefore are not prohibited for sale under the Tobacco Products Regulation Act 1997.

For more information

For more information on the rules and regulations on smoking, contact SA Health's Health Protection Operations by:

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