NSW smoke-free laws

​​​Smoking and using e-cigarettes are banned in all enclosed public areas and certain outdoor public areas, under the Smoke-free Environment Act 2000and the Smoke-free Environment Regulation 2016

Smoking and using e-cigarettes on public transport vehicles such as trains, buses, light rail, ferries is also banned under the Passenger Transport (General) Regulation 2017.

These bans protect people from harms of second-hand tobacco smoke and vapour from e-cigarettes. There is no safe level of exposure to second-hand smoke.

Enclosed public areas

Smoking and using e-cigarettes are banned in all enclosed public areas including in shopping centres, cinemas, libraries, trains and buses.

Outdoor public areas

Smoking and using e-cigarettes are banned in the following outdoor public areas:

• Within 10 metres of children’s play equipment in outdoor public places
• Public swimming pools
• Spectator areas at sports grounds or other recreational areas used for organised sporting events
• Public transport stops and platforms, including ferry wharves and taxi ranks
• Within 4 metres of a pedestrian access point to a public building
• Commercial outdoor dining areas

Smoking and using an e-cigarette in cars with children

It is illegal to smoke or use an e-cigarette in a car with children under age of 16 years in the vehicle. NSW Police enforce these bans.

Further information is available from these fact sheets:

• Smoking in cars with a child under the age of 16 years in the vehicle 
• E-cigarette in a car with a child under the age of 16 years in the vehicle

Workplaces 

​In areas where smoking/vaping by members of the public is not prohibited, business still have a duty under Work Health and Safety legislation to protect the health and safety of their workers. For more information about managing the risks of environmental tobacco smoke or vape aerosol in workplaces, visit SafeWork NSW​.

Why are the laws in place?

The ban on smoking and using e-cigarettes in smoke-free areas because:

• they are often visited by children and families and they can be crowded
• they allow limited opportunity for people to avoid second-hand smoke or vapour from e-cigarettes
• this approach will achieve an important reduction in many people’s exposure to second-hand smoke
• this approach will create a more supportive environment for those who have quit.

Display of ‘No Smoking’ signs

Owners and occupiers of the following outdoor public places must ensure that adequate ‘No Smoking’ signs are displayed in:

• swimming pool complexes (indoor and outdoor areas)
• light rail platforms, railway platforms and ferry wharves
• commercial outdoor dining areas. See the Hospitality guide for further information.

Enforcement of smoking bans

NSW Health inspectors conduct regular compliance monitoring and enforcement activity. They can issue cautions or on the spot fines of $300 to people who break the smoking bans.

If you think a smoking ban has been broken, please let us know by completing the online reporting form.

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