Alcohol

If a child is sold or given liquor on licensed premises, the child, the licensee, the responsible person, and any other person who supplies the child, have committed an offence [Liquor Licensing Act 1997 (SA) s 110].

Maximum penalty

For a first offence by a licensee or responsible person: $20,000

For a second or subsequent offence by a licensee or responsible person: $40,000

Any other person who sells or supplies: $5,000

Expiation fee: $1,200

Liquor can be supplied at meals in the presence of a child but cannot be served to the child. Children cannot enter or remain on premises where a late night permit or an entertainment venue licence is in place or licensed areas which are declared out of bounds to minors [Liquor Licensing Act 1997 (SA) s 112]. In these situations, a sign should be displayed prohibiting access to minors.

It is illegal for minors to consume alcohol in any public place (unlicensed) unless they are with a parent or guardian, or their parent or guardian has given a responsible adult permission and the minor is responsibly supervised. However, if a public area is designated as a 'dry zone' it is against the law for anyone to drink there.

Private Parties

Parents hosting a party for teenagers should be aware of any insurance and legal implications of serving alcohol to teenagers. At a party in a private house, it is an offence to supply children with alcohol unless the person supplying the adult is a responsible adult or an authorised adult who has permission from a responsible adult, and that supply is consistent with the responsible supervision of the child [Liquor Licensing Act 1997 (SA) s 110A(1), s 110A(4)] . A responsible adult is an adult who is the parent of the child, someone standing in the position or having the responsibilities of a parent, or the spouse or domestic partner of the child [s 109C]. Responsible supervision includes consideration about the age of the child, whether the responsible or authorised adult is intoxicated, whether the child is intoxicated, and the quantity and type of alcohol provided [s 110A(5)].

If these conditions are not met, the maximum penalty is a fine of $10,000 ($500 expiation fee).

Other issues may arise at private parties that provide alcohol without responsible adults present. If someone is injured or property is damaged, a lack of supervision may be a factor in establishing negligence. When members of the public are invited on to private property, the occupier (host) owes those invited a duty of care to avoid reasonably foreseeable harm. This duty of care can extend to trespassers (such as gate-crashers) if their presence and exposure to danger was reasonably foreseeable and the occupier took no action to avoid it [Civil Liability Act 1936 (SA) s 20(6)]. It is essential to have a plan in place to deal with emergencies.

See also Gatecrashing - trespassing at private parties and our Young People and Parties Factsheet.

Under the Public Intoxication Act 1984 (SA) the police can apprehend anyone (including a child) if they believe they are under the influence of alcohol and unable to take proper care of themselves. The police can then take them home or to a police station or sobering up centre. Where reasonably possible, the parents or guardians of a child who is detained should be contacted and special arrangements should be made to keep the child away from contact with adults who are detained at the same place [ss 6, 7].

See also our Alcohol and the Law Factsheet.

Vaping

An e-cigarette (commonly known as a vape) is any device that is designed to generate or release an aerosol or vapour for inhalation by its user in a manner similar to the inhalation of smoke from an ignited tobacco product [Tobacco and E-Cigarette Products Act 1997 (SA) s 4].

From 1 July 2024, vapes sold across Australia (whether or not they contain nicotine) may only be sold in a pharmacy [Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Act 2024 (Cth)].

Between 1 July and 30 September 2024, a prescription from a doctor or nurse practitioner was required to purchase a vape containing nicotine in Australia. From 1 October 2024, people 18 years and older no longer need a prescription to buy a nicotine vape but those under the age of 18 do (but see Tobacco products and vaping below).

Many of the offences relating to vaping apply equally to tobacco products (see below). For more information about vaping and young people, visit the Australian Government's Department of Health and Aged Care website.

Tobacco products and vaping

In South Australia, the Tobacco and E-Cigarette Products Act 1997 (SA) governs the sale of tobacco and e-cigarette (vape) products (including vapes, e-cigarettes, e-cigarette liquid, and capsules, cartridges, containers, heating elements and batteries designed for use in an e-cigarette) [s 4].

It is an offence to sell or supply a tobacco product or an e-cigarette product to a person under 18 years [Tobacco and E-Cigarette Products Act 1997 (SA) s 38A]. An exemption has been granted to allow the sale or supply of a product containing nicotine to a person under 18 with a prescription by a medical practitioner or pharmacist.

Maximum Penalty

For a first offence by a proprietor of the business: $20,000

For a second or subsequent offence by a proprietor of the business: $40,000

For any other person responsible for selling or supplying on behalf of the proprietor: $5,000

Expiation fee $1,200

A customer who is suspected of being under 18 years old may be asked to show proof of their age [s 39], and it is offence to refuse or give a false statement or identification [s 39(2)]. The maximum penalty is a fine of $750 ($105 expiation fee).

It is also an offence to:

Children under the age of 18 in possession of tobacco or vape products may have those products seized by police officers or teachers at the child’s school [s 70A]. There is no entitlement to compensation for the confiscated objects which must be destroyed.

See also Tobacco and E-Cigarettes and our Cigarettes and the Law Factsheet.

Other drugs

Under the Controlled Substances Act 1984 (SA), it is an offence to consume, possess, manufacture, sell or supply any controlled (unlawful) drug. There are many other offences that relate to the use and manufacture of drugs, including synthetic drugs and drug alternatives. See more in the section on Drug Offences.

Young offenders are dealt with differently to adults with regards to drug offences and possible sentencing options exist include informal or formal police cautions or Family Conferences (see Young offenders). However, the option of an expiation notice for a simple cannabis possession offence does not apply [s 45A(2)].

Drug offences committed against children are taken very seriously and heavy penalties can apply. The sale, supply or administration of a controlled drug to a child or in a school zone attracts a maximum penalty of $1 million or life imprisonment or both [Controlled Substances Act 1984 (SA) ss 33F and 33G].

See further our Drugs and the Law Factsheet.