In NSW 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 customer’s age must be requested and checked before any tobacco product and non-tobacco smoking product is sold to any young person.
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.
Both the employee who sells the product and their employer can be prosecuted.
Most regular adult smokers start smoking in their teens. The easier it is for teenagers to get tobacco, the more likely it is they’ll start smoking while they are young. The earlier a person starts smoking, the earlier it is they’ll suffer smoking related disease, and the more difficulty they will have quitting.
Yes, however it is an employer’s 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.
The approved forms of identification (ID) are:
Proof of age should be routinely requested if anyone 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.
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.
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:
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 can’t produce it, refuse the sale.
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 shop’s policy in managing angry or upset customers.
There are two signs that tobacco retailers must display at the point of sale. One is a large sign that says:
Signs are provided free of charge to retailers when they register for a free Tobacco Retailer Notification via Service NSW
Signs can also be obtained by contacting moh-populationhealthresources@health.nsw.gov.au or 1300 655 957.
The NSW Sales to Minors Program regularly tests compliance with this law. Retail outlets are randomly visited and monitored for compliance with this law.
It is illegal for an adult to purchase tobacco and non-tobacco smoking products on behalf of someone under the age of 18.
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.
For further information about tobacco control please see Tobacco and Smoking Control in NSW or call the Tobacco Information Line on 1800 357 412. The Tobacco Information Line can be accessed by non-English speaking persons via the Translating and Interpreting Service (TIS) on 13 14 50.
To ensure you have access to the latest information, we recommend you visit this page regularly.
