Smoking is banned in all enclosed public places and certain outdoor public areas, under the Smoke-free Environment Act 2000and the Smoke-free Environment Regulation 2016. These bans protect people from harmful second-hand tobacco smoke. There is no safe level of exposure to second-hand smoke.
Enclosed public places
The Smoke-free Environment Act 2000 bans smoking in all enclosed public places for example shopping centres, cinemas, libraries, trains and buses.
Outdoor public places
The Act also bans smoking in the following outdoor public places:
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
Smoke-free guide: No smoking within 4 metres of a pedestrian access point to a building provides information on which buildings are applicable
Commercial outdoor dining areas
Smoking bans in these outdoor public areas have been have made 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
- 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, railway platforms and ferry wharves
- commercial outdoor dining areas. See the Hospitality guide for further information.
Signs which comply with the requirements under the Regulation are available to order free of charge from NSW Health. Otherwise, owners and occupiers can make their own signs which comply with the regulation.
Enforcement of smoking bans
NSW Health Authorised Inspectors conduct regular compliance monitoring and enforcement activity, including issuing cautions or on the spot fines of $300 to people seen to be breaching outdoor smoking bans.
Authorised Inspectors also provide education to members of the public on smoking bans and work with property and building owners to display smoke-free signage and remove butt bins, where appropriate.
If you think a smoking ban has been broken, please let us know by completing the online reporting form.
Smoking in cars with children
Smoking in cars with a child under the age of 16 years in the vehicle is an offence under the Act. NSW Police enforce this ban.
Using an E-cigarette in a car with a child under the age of 16 years in the vehicle is an offence from 1 December 2015. NSW Police enforce this ban.