Tobacco and nicotine age limits in Australian Capital Territory (2026)
Last reviewed: 13 October 2026
In short: In the ACT it is an offence to sell a smoking product, which includes tobacco products and vapes, to a person under 18. Smoking, including vaping, is banned in enclosed public places. Nicotine pouches may not be sold in Australia from 24 July 2026.
| Rule | What applies |
|---|---|
| Minimum age to buy tobaccoTobacco and nicotine products | 18 years [1] |
| Minimum age to buy e-cigarettesTobacco and nicotine products | 18 years [1] |
| Nicotine pouchesTobacco and nicotine products | Sale banned [2] |
| Smoking ban in indoor public placesTobacco and nicotine products | Yes [3] |
| Smoking ban on public transportTobacco and nicotine products | Yes [4] |
| E-cigarettes in indoor public placesTobacco and nicotine products | Yes. Under the Smoke-Free Public Places Act 2003, smoke includes vapour from an activated personal vaporiser or vaping good, so vaping is banned in enclosed public places like smoking. [3] |
| Smoking in cars with childrenTobacco and nicotine products | A person aged 16 or over must not smoke in a vehicle on a road or road related area while a child under 16 is in the vehicle. Smoking includes using a personal vaporiser or vaping good. Maximum penalty 50 penalty units. [5] |
| Flavoured tobacco and e-cigarettesTobacco and nicotine products | Yes. Commonwealth law, which applies in the Australian Capital Territory, bans tobacco products that contain flavouring additives, menthol or menthol derivatives, fruit, spices, sugars or sweeteners, synthetic cooling agents, or a device such as a card, capsule or bead that alters flavour. [6] |
Notes
- Section 14 makes it an offence to sell a smoking product to a person under 18 years old when reckless about the person's age; there is a defence where the seller checked a document showing the age. Section 15 also covers buying a smoking product for use by a person under 18.
- The age limit is on sale of any smoking product, including personal vaporisers. Vaping goods other than therapeutic vaping goods are prohibited smoking products (section 3D). Pharmacy supply of therapeutic vapes under medicines law was not read.
- The Therapeutic Goods Administration states that from 24 July 2026 there is no lawful pathway to buy or import nicotine pouches in Australia: retail sale, including online, is illegal and prescribing or pharmacy supply is no longer allowed. This is Commonwealth law and applies in every state and territory. The page was read as an Internet Archive snapshot of 17 July 2026 because the live page could not be reached.
- An enclosed public place is a public place that is enclosed as prescribed by regulation. The Act also bans smoking in outdoor eating or drinking places and at underage functions in specified circumstances (Parts 2A and 2B).
- Smoking is banned at ten named bus interchanges, light rail stops and rail stations (for example Belconnen, Woden, Tuggeranong, Dickson, Gungahlin, the City interchange between 6:00am and 11:00pm, Alinga Street and Canberra Railway Station). The declaration does not name the inside of vehicles.
- The ban uses the same definition of smoke for tobacco and for vapour.
- The ban is Commonwealth law and applies Australia-wide to tobacco products.
Sources
- ACT Parliamentary Counsel (ACT Legislation Register): Tobacco and Other Smoking Products Act 1927 (Republication No 40, effective 5 January 2026) (consulted 13 October 2026) · all sources
- Therapeutic Goods Administration (TGA): Nicotine pouches (Internet Archive snapshot of 17 July 2026) (consulted 13 October 2026) · all sources
- ACT Parliamentary Counsel (ACT Legislation Register): Smoke-Free Public Places Act 2003 (Republication No 10, effective 26 November 2025) (consulted 13 October 2026) · all sources
- ACT Legislation Register: Smoke-Free Public Places (Public Transport Interchanges) Declaration 2019 (No 1) DI2019-230 (consulted 15 October 2026) · all sources
- ACT Legislation Register: Smoking in Cars with Children (Prohibition) Act 2011 (Republication No 4, effective 18 April 2025) (consulted 15 October 2026) · all sources
- Federal Register of Legislation (Commonwealth): Public Health (Tobacco and Other Products) Regulations 2024 (compilation 2, 21 March 2026) (consulted 15 October 2026) · all sources
National rules that also apply
These rules are set at national level in Australia and apply here too, alongside the rules above. All national rules for Australia
| Minimum age to buy e-cigarettes | 18 years (source: Therapeutic Goods Administration (TGA)) |
|---|---|
| Nicotine pouches | Sale banned (source: Therapeutic Goods Administration (TGA)) |
More rules in Australian Capital Territory
- E-scootersUse on public roads: Yes, mainly footpaths and shared paths
- CannabisPossession for personal use: Legal for adults 18+ within the limit · Growing at home: Yes, 2 plants per adult, 4 per home
- Car speed limitsBuilt-up areas: 50 km/h
- Deposit return schemes and plastic bagsNational deposit return scheme in operation: Yes, container deposit scheme · Deposit per container: 10c refund
- Minimum age for a car driving licenceMinimum age for a car licence: 17 (provisional licence) · Earliest age to drive a car supervised: 15 years 9 months, with a supervisor
- Driving after drugsApproach to cannabis (THC): Prescribed drug in system is an offence · THC threshold: Any THC present
- E-bikes and speed pedelecsLegal class: Same rights as bicycles
- FireworksConsumers may buy and use category F2 fireworks: No (licence or permit needed)
- Foreign driving licencesOverseas licence valid for a visitor: Yes, while a visitor · Overseas licence after becoming a resident: Permanent visa: ACT licence after 3 months
- Home educationLegal status of home education: Registration required · Nature of the parental duty: School or registration
- Knives and pepper sprayFolding pocket knives: Offence without reasonable excuse · Locking or one-handed knives: Flick and butterfly knives prohibited
- MopedsLicence: Motorcycle licence (class R)
- Motorcycles: helmets and licencesHelmet required for the rider: Yes · Helmet required for a passenger: Yes
- Paid holidayMinimum paid leave a year (weeks): 4 weeks (5 for some shiftworkers) · Minimum paid leave as the law states it: 4 weeks a year; extra week for some shiftworkers
- Using a mobile phone while drivingHolding a phone while driving banned: Banned · Hands-free use: Mounted or untouched; L/P: no voice use
- Seat belts and child seatsSeat belt compulsory in front seats: Yes · Seat belt compulsory in rear seats: Yes
- Smoke alarms in homesSmoke alarm legally required in homes: Yes, compulsory · Minimum alarms and where: On or near the ceiling in bedrooms or in the corridor that leads to bedrooms, installed as per the manufacturer's instructions and the National Construction Code. A multi-level home needs smoke alarms on each level, interconnected.
- Towing trailers and caravansTrailer mass allowed with a car licence in any combination: Up to 9,000 kg GVM
- Drinking age and alcohol salesMinimum age to buy beer and wine: 18 · Minimum age to buy spirits: 18
- Drink-driving limitsBlood alcohol limit for ordinary drivers: 0.05% · Lower limit for novice or young drivers: 0.00% (zero)
Related pages
General information, not legal advice. Rules change: check the official source before you fly or ride.