NSW smoke-free laws

​​​Smoking and vaping are banned in all enclosed public areas and certain outdoor public areas, including in commercial outdoor dining areas under the Smoke-free Environment Act 2000 and the Smoke-free Environment Regulation 2016

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

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

Enclosed public areas

Smoking and vaping are banned in all enclosed public areas, including in shopping centres, cinemas, libraries, trains and buses.

Outdoor public areas

Smoking and vaping 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 or vaping in cars with children

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

Further information is available in Smoking or vaping in cars 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, businesses 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.

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.

NSW Health 'No Smoking' signage covers both smoking tobacco and vaping.

Signs that 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 that comply with the regulation.

NSW Health has 'No Smoking means No Vaping' health promotion resources to increase awareness that vaping is banned in all smoke free areas. Resources are available to order free of charge.

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 and vaping bans.

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

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