Alcohol laws in Australia

Alcohol and drug laws in Australia are differentiated based on what is considered a legal substance and what is an illegal substance. 

  • legal substances in Australia include alcohol, caffeine, nicotine and over-the-counter prescription medication. Note - this doesn’t mean their use is completely safe.
  • illegal substances in Australia include, but are not limited to amphetamines, cannabis (marijuana), ecstasy (MDMA) and heroin. 

Of the legal substances in Australia, they will all have some form of restriction or regulation as to where, when and who is legally allowed to use them. These restrictions include: 

Age

People cannot legally consume (or be supplied) alcohol in a licensed premise in Australia unless they are 18 years or older. Only a parent or guardian (or a person authorised by the parent or guardian) may supply alcohol to a minor at unlicensed premises, for example, the family home. The supply must be consistent with the responsible supervision of the minor. 

See NSW Police Force - Alcohol and Young People for more information. 

Location

Drinking alcohol is restricted in alcohol-free zones. This can include outdoor council managed parks and timed alcohol prohibited areas.

While operating a vehicle or machinery

A blood alcohol reading of 0.0% is required to operate a learner, provisional or probationary driver's licence, regardless of age. This is also required for certain jobs, including flying a plane or operating machinery. 

For full license holders, blood alcohol concentration needs to be below 0.05%. Even in this range, reaction time and ability can be severely impacted. 

You also cannot have any trace of illicit drugs in your system to operate a vehicle or machine.

Marketing and sales

Alcohol and other drugs are not allowed to be promoted in certain ways which align with advertising standards. Alcohol products must display the level of standard drinks and advise the product is not suitable for pregnant women on the label. 

Failing to comply with these laws could result in a caution, a fine, education sessions, a youth justice conference with parents and police, and a criminal penalty or jail time. 

See Vaping and smoking for more information about the laws of vaping and tobacco products.