In South Australia the sale of nitrous oxide is regulated by the Controlled Substances Act (1984). The Act was updated in 2019 to include regulations that impose penalties for the sale of nitrous oxide for brick and mortar stores and online businesses.

Under the Controlled Substances (Poisons) (Nitrous Oxide) Variation Regulations 2019 it is an offence to:

  • sell or supply to people under the age of 18
  • sell between the hours of 10pm and 5am
  • make nitrous oxide visible or accessible to the public in retail stores
  • fail to display a notice on the premises that details the offence of selling to under 18s.

Retailer's notice

Retailer’s notice to display (PDF, 96.9 KB)

It must be visible to the public.

Penalties

  • If nitrous oxide is sold from 10pm to 5am, the seller can be fined up to $5,000.
  • If the retailer fails to store nitrous oxide out of sight and inaccessible to the public they can be fined up to $5,000.
  • If the retailer fails to display a notice on the premises detailing the offence to sell or supply to under 18s, they can receive an on the spot expiation of $315 or be fined up to $2,500.

Members of the public can contact SAPOL on 131 444 to report instances where retailers appear to be in breach of the regulations.

Health information on volatile substances (including nitrous oxide) is available on the SA Health website.

Frequently asked questions

You can purchase nitrous oxide canisters, however there are restrictions.

The regulations do not ban nitrous oxide. They recognise its use in cooking and for other needs, but simply prohibit the sale and supply to minors and puts tighter controls around its sale, including sales occurring between the hours of 10pm and 5am.

You may also notice that in stores selling nitrous oxide, the product is no longer visible or accessible. You will need to approach a staff member to assist you with your purchase.

Store owners are required to display a notice (PDF, 96.9 KB) on the premises that details the offence of selling or supplying to persons under 18 years of age.

Cooking and catering institutions have received an exemption under the regulations permitting them to continue to provide students with access to nitrous oxide for legitimate cooking and catering purposes.

Interstate businesses, whether they are a shop front or based online selling to the South Australian marketplace must comply with the requirements of the regulations.

No, online sellers are not required to display the notice. However, online sellers must comply with the bans on selling or supplying to people under 18 years of age and must not sell nitrous oxide between the hours of 10pm and 5am.

For further clarification about how the regulations apply to individual business, you are encouraged to seek independent legal advice.

Generally speaking however, the restrictions are not dependent on the size of the canisters being sold. Rather the restrictions apply to the sale and supply of the substance nitrous oxide (as defined by the Controlled Substances (Poisons) Regulations 2011).

Several of the restrictions apply to sale by retail at retail outlets, and so would not be relevant to businesses that only undertake wholesale activities. For example, the requirements to store canisters in an area that is inaccessible to members of the public would have no application to a business that does not have any retail outlets open to the public.

The restrictions on selling or supplying to persons under 18 years of age do apply to all types of sales and supply, as well as the restrictions on sales between 10pm and 5am.

Consumers who observe retail stores or online sellers doing the following can report what they have seen by calling South Australia Police on 131 444:

  • selling or supplying nitrous oxide to minors and/or failing to check identification for the purchaser's age
  • selling or supplying nitrous oxide to minors and/or failing to check identification for the purchaser's age
  • failing to display a notice on the premises that details the offence of selling or supplying nitrous oxide to under 18s
  • selling nitrous oxide between the hours of 10pm and 5am
  • visibly displaying nitrous oxide or making it accessible to members of the public.

Health information on volatile substances (including nitrous oxide) is available on the SA Health website.