Sales to minors

In 窪蹋勛圖厙 it is illegal to sell tobacco, and non-tobacco smoking products to a person under the age of 18.

The maximum penalty for selling any of these products to minors is, in the case of an individual, $22,000 for a first offence or $110,000 for a second or subsequent offence. In the case of a corporation, the maximum penalty is $110,000 for a first offence or $220,000 for a second or subsequent offence.

A retailer or employee must ensure the customer is over 18 before selling these products to them. Proof of the customers age must be requested and checked before any tobacco product and non-tobacco smoking product is sold to any young person.

Last updated: 25 June 2025

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What does the law say in relation to sale of tobacco products to young people?

Under the Public Health (Tobacco) Act 2008  it is illegal to sell tobacco products or non-tobacco smoking products, such as herbal cigarettes, to people under the age of 18. 

Who can be fined for selling tobacco products to someone under the age of 18?

Both the employee who sells the product and their employer can be prosecuted.

Why is it illegal to sell tobacco to minors? 

Most regular adult smokers start smoking in their teens. The easier it is for teenagers to get tobacco, the more likely it is theyll start smoking while they are young. The earlier a person starts smoking, the earlier it is theyll suffer smoking related disease, and the more difficulty they will have quitting. 

Can an employee under the age of 18 sell tobacco products?

Yes, however it is an employers responsibility to ensure all employees are fully aware of the law related to selling tobacco products as well as the consequences that may arise if this law is broken.

What is suitable proof of age identification?

The approved forms of identification (ID) are:

  • a  drivers licence
  • a 窪蹋勛圖厙 Ph漍漍oto card
  • a passport
  • a key pass (over-18) identity card issued by Australia Post.

When do I need to check proof of age identification?

Proof of age should be routinely requested when selling tobacco to anyone who appears to be under 25 years old. Check the photo on the ID to make sure it is the customer. Pay particular attention to the day and date of birth. Some retailers find it useful to put a day and date reference check on their sales register. For example the current date and the date 18 years earlier.

What if I think the proof of age identification is a fake?

If you think the proof of age identification is a fake or has been tampered with, refuse the sale. You may also wish to report the matter to the Police.

What if someone under the age of 18 says they are buying it for someone else?

There are no acceptable reasons for selling tobacco products to someone under the age of 18 and you may be prosecuted if caught. Common excuses might include:

  • Im buying these for my parents.
  • My grandmother is sick.
  • I left my ID in the car.
  • Is a credit card ok for ID?
  • Come on just this once?

None of these are acceptable. The bottom line is that if you suspect a person is under age then ask for suitable ID. If they cant produce it, refuse the sale.

What if a customer becomes aggressive, angry or upset?

Explain that it is a routine policy to ask for proof of age. Draw their attention to the sign displayed at the point of sale that says, Selling tobacco products to persons under 18 years of age is a criminal offence. If they remain angry, call the manager or follow the shops policy in managing angry or upset customers.

What about adults buying cigarettes for minors?

It is illegal for an adult to purchase tobacco and non-tobacco smoking products on behalf of someone under the age of 18.

A sales to minors sign must be displayed 

Tobacco retailers must display the sales to minors sign at the point of sale.  The sign says: 

Penalties apply for not displaying the sales to minors sign where tobacco products are sold. 

Where are signs available from?

Retailers can obtain signs free of charge by completing the retailer order form or by contacting 鳥棗堯-梯棗梯喝梭硃喧勳棗紳堯梗硃梭喧堯娶梗莽棗喝娶釵梗莽高堯梗硃梭喧堯.紳莽滄.眶棗措.硃喝 漍 or 1300 655 957.  For further information about required signage please see How to display compulsory warning signs.

Remember

You have a responsibility to make sure that every customer who buys tobacco products from your shop or business is at least 18 years of age. To be sure, make it a routine habit to ask anyone under the age of 25 for proof of age. Selling to a minor can result in heavy penalties for yourself and your employer.

Further information

For further information about tobacco control please see Tobacco and Smoking Control in 窪蹋勛圖厙 or call the Tobacco Information Line on 1800 357 412. 

Current as at: Wednesday 25 June 2025
Contact page owner: Centre for Population Health