Enforcement and Penalties
Smoke-free Environment Act 2000 | Penalties under the Smoke-free Environment Act 2000 | Public Health (Tobacco) Act 2008 | Penalties under the Public Health (Tobacco) Act 2008 | How do I report a possible breach of the legislation?Smoke-free Environment Act 2000
Penalties apply under the Smoke-free Environment Act 2000.
Penalties for patrons
The maximum penalty for a person smoking in a smoke-free area is 5 penalty units. One penalty unit is equal to $110.
Penalties for venues
If a person smokes in a smoke-free area the proprietor is also guilty of an offence. The maximum penalty is 10 penalty units ($1,100) for an individual proprietor or 50 penalty units ($5,500) for a body corporate.
Penalties also apply to proprietors, licensees or registered club managers who fail to display No-Smoking signs. The maximum penalty is 5 penalty units for an individual ($550) or 25 penalty units ($2,750) for a body corporate.
Failing to comply with the directions or instructions of an inspector can also result in a penalty (maximum penalty of 5 penalty units).
A full list of penalties is provided in the table below.
Penalties under the Smoke-free Environment Act 2000
| Section of Act | Offence description | Who can be fined | Maximum penalty |
| 7 | A person who smokes in a smoke-free area | Smoker | $550 |
| 8 | Allowing a person to smoke in a smoke-free area | Occupier* - Individual Proprietor - Body corporate |
$5,500 |
| 9 | Failure to display No Smoking and other prescribed signs (if any) as required | Occupier* - Individual Proprietor - Body corporate |
$2,750 |
| 18(1) | A person must not, without reasonable excuse, fail to comply with a requirement of an inspector duly made under this Part. | Person | $550 |
| 18(2) | A person must not, in connection with a requirement of an inspector made under this Part, provide any information or produce any document that the person knows is false or misleading in a material particular. | Person | $550 |
| 19(1) | (Without reasonable excuse) Obstructing, resisting or attempting to obstruct, an inspector in the exercise of the inspector's functions under the Act. | Person | $550 |
| 19(2) | Impersonating an inspector. | Person | $550 |
* defined under the Act - "occupier" of premises or part of premises means a person having the management or control, or otherwise being in charge, of those premises or part thereof.
How is the legislation enforced?
Environmental Health Officers based in NSW Public Health Units are authorised as inspectors to enforce the legislation. Environmental Health Officers monitor compliance, investigate complaints and conduct inspections.
Individuals have the responsibility to not smoke in smoke-free areas. Members of the public are encouraged to take up complaints about non-compliance with the legislation directly with proprietors. Proprietors have their own legal obligations to ensure that patrons are not smoking.
Public Health (Tobacco) Act 2008
- Smoking in a car with a person under the age of 16 present - $250 on-the-spot fine
- Failure to comply with a requirement of direction of a police officer - $250 on-the-spot fine
- Provision of false or misleading information to a police officer - $250 on-the-spot fine
An on-the-spot fine of $250 may be administered by NSW Health inspectors for the offence of failing to notify the Department of Health about tobacco retailing activities (s.39 of the Act).
Tobacco-related penalty rates have increased by up to tenfold from the Public Health Act 1991. The following table sets out some key penalties for individual retailers and corporations for non-compliance with certain sections of the Act. Under the Public Health (Tobacco) Act 2008 a penalty unit is $110. For a complete description of the full range of penalties under the Act, please refer to the Public Health (Tobacco) Act 2008.
Penalties under the Public Health (Tobacco) Act 2008
| Section of the Act | Offence Description | Who can be fined | Maximum penalty |
| Section 7 | Selling a tobacco product without a health warning |
Individual Corporation |
$11,000 $55,000 |
| Section 9 | Failure to remove tobacco products out of sight |
Individual Corporation |
$11,000 $55,000 |
| Section 10 | Selling tobacco products from more than one point of sale |
Individual Corporation |
$11,000 $55,000 |
| Section 12, 13 and 14 |
|
Individual Corporation |
$11,000 $55,000 |
| Section 16 | Advertising and promotion of tobacco products |
Individual Corporation |
$55,000 - 1st offence $110,000 - 2nd or subsequent offence $660,000 - 1st offence $1.1M - 2nd or subsequent offence |
| Section 18 | Conducting a Shopper Loyalty Program including tobacco products |
Individual Corporation |
$11,000 $55,000 |
| Section 22 | Selling tobacco products to Minors |
Individual Corporation |
$11,000 - 1st offence $55,000 - 2nd or subsequent offence $55,000 - 1st offence $110,000 - 2nd or subsequent offence |
| Section 23 | Purchasing tobacco products on behalf of those under 18 years of age | Individual | $2,200 |
Continuing offences
For some provisions of the Act, a continuing state of affairs may be created, which provides for penalties to be enforced for each day the offence continues. For example, having more than one vending machine in contravention of s.12 of the Act gives rise to a maximum penalty of up to $220,000 for each day the offence continues, in addition to the original penalty in s.12 of up to $55,000.
Number of offences
A person or company which has been convicted of two offences against the same provision of the Act or regulations within any three year period on the same business premises will be banned from selling tobacco products for three months.
A person or company which has been convicted of three offences against the same provision of the Act or regulations within any three year period on the same business premises will be banned from selling tobacco products for twelve months.
Penalties for Retailers Prohibited
Engaging in tobacco retailing while prohibited carries a penalty of $55,000 for an individual for a first offence, and $110,000 for a second or subsequent offence, and $110,000 for a corporation's first offence or $220,000 for a second or subsequent offence. This offence will also result in the immediate forfeiture of any tobacco products on the premises for sale to the Crown for destruction.
How is the legislation enforced?
Inspectors in Public Health Units in the eight Area Health Services will monitor compliance with the Public Health (Tobacco) Act 2008 and the Public Health (Tobacco) Regulation 2009.
A comprehensive compliance monitoring program is already in place for existing tobacco control legislation, and officers will now also enforce the Public Health (Tobacco) Act 2008 and Regulation.
NSW Police will enforce the ban on smoking in cars with children.
How do I report a possible breach of the legislation?
You can contact:
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your local Public Health Unit
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the Tobacco Information Line on 1800 357 412 or
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send us an email to obtain more information or report a possible breach.