Tobacco and nicotine age limits in South Australia (2026)

Last reviewed: 13 October 2026

In short: In South Australia it is an offence to sell or supply tobacco products or e-cigarette products to a person under 18, and selling or supplying e-cigarette products is banned unless authorised under other law. Smoking and vaping are banned in enclosed public places and workplaces, and in a car with a child under 16. Nicotine pouches may not be sold in Australia from 24 July 2026.

RuleWhat applies
Minimum age to buy tobaccoTobacco and nicotine products18 years [1]
Minimum age to buy e-cigarettesTobacco and nicotine products18 years [1]
Nicotine pouchesTobacco and nicotine productsSale banned [2]
Smoking ban in indoor public placesTobacco and nicotine productsYes [1]
Smoking ban on public transportTobacco and nicotine productsYes [1]
E-cigarettes in indoor public placesTobacco and nicotine productsYes. In this Act, smoking an e-cigarette means inhaling from, holding or otherwise having control over an e-cigarette that is in use, so the ban on smoking in enclosed public places and workplaces covers vaping. [1]
Smoking in cars with childrenTobacco and nicotine productsSmoking, including using an e-cigarette, is banned in a motor vehicle if a person under 16 is also present. Maximum penalty $5,000; expiation fee $315. [1]
Flavoured tobacco and e-cigarettesTobacco and nicotine productsYes. Commonwealth law, which applies in South Australia, 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. [3]

Notes

  • The Act read is version 5.6.2025, taken from an Internet Archive snapshot of 12 October 2026 of the current version, because legislation.sa.gov.au returns 403 to scripts. A defence applies where the seller required evidence of age.
  • Section 39A also prohibits selling or supplying e-cigarette products at all, unless authorised under another Act or law (for example therapeutic supply). The age limit applies to any such supply.
  • 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.
  • Maximum penalty $5,000 (expiation fee $315) for a person who smokes; occupiers and employers are also liable.
  • The ban covers prescribed public transport areas such as covered bus stops, tram stops, railway stations, taxi ranks and airports, and public areas within 5 m. It does not apply to a person smoking in a motor vehicle. Whether smoking inside a public transport vehicle is covered by the enclosed public place rule was not confirmed.
  • Maximum penalty $5,000 (expiation fee $315).
  • The age limit in this rule (under 16) differs from the age limit for sales (under 18).
  • The ban is Commonwealth law and applies Australia-wide to tobacco products.

Sources

  1. South Australian Parliamentary Counsel's Office (South Australian Legislation): Tobacco and E-Cigarette Products Act 1997 (version 5.6.2025; Internet Archive snapshot of 12 October 2026) (consulted 13 October 2026) · all sources
  2. Therapeutic Goods Administration (TGA): Nicotine pouches (Internet Archive snapshot of 17 July 2026) (consulted 13 October 2026) · all sources
  3. 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-cigarettes18 years (source: Therapeutic Goods Administration (TGA))
Nicotine pouchesSale banned (source: Therapeutic Goods Administration (TGA))

More rules in South Australia

  • CannabisPossession for personal use: Offence; usually an expiation notice (fine) · Growing at home: Banned; small numbers expiable
  • Car speed limitsBuilt-up areas: 50 km/h · Outside built-up areas (single carriageway): 100 km/h (110 km/h where signed)
  • Deposit return schemes and plastic bagsNational deposit return scheme in operation: Yes, since 1977 · Deposit per container: 10c refund
  • Minimum age for a car driving licenceMinimum age for a car licence: 17 (P1 licence) · Earliest age to drive a car supervised: 16, with a supervisor
  • Driving after drugsApproach to cannabis (THC): Prescribed drug in system is an offence · THC threshold: Any THC detected
  • FireworksConsumers may buy and use category F2 fireworks: No (general use only)
  • Foreign driving licencesOverseas licence valid for a visitor: Yes for short-term visitors · Overseas licence after becoming a resident: Permanent resident: SA licence within 90 days
  • Home educationLegal status of home education: Approval (exemption) needed · Nature of the parental duty: School attendance
  • Knives and pepper sprayFolding pocket knives: Offence under s 21E (details not read)
  • MopedsLicence: Any SA licence
  • 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 used without touching; L/P1: none
  • 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, all homes
  • 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%

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General information, not legal advice. Rules change: check the official source before you fly or ride.