Penalties, Fines and Enforcement
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 currently $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 ($1100) for an individual proprietor or 50 penalty units ($5500) 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.
| 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 |
$5500 |
| 9 | Failure to display No Smoking and other prescribed signs (if any) as required | Occupier* - Individual Proprietor - Body corporate |
$2750 |
| 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.
How do I report a possible breach?
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.