Since 1 December 2015, using an e-cigarette in a car with a child under the age of 16 is against the law. A $250 on the spot fine applies to the driver and any passenger who breaks the law.

Last updated: 10 November 2017

​What is the law?

Under the Public Health (Tobacco) Act 2008 it is an offence to use an e-cigarette in a car with a child under 16 years of age in the vehicle. If a passenger is using an e-cigarette, the driver will also be liable.

How is the law being enforced?

NSW Police enforces the ban on using e-cigarettes in cars with children. If a person elects not to pay the fine and have the matter dealt with by a court, the maximum fine that may be imposed by a magistrate is $1100.

Why is this law in place?

The NSW Government introduced the law to protect children from any potential harms associated with e-cigarettes.

Further information

For further information about tobacco control please see Electronic cigarettes page on NSW Health website or call the Tobacco Information Line on 1800 357 412. The Tobacco Information Line can be accessed by non-English speaking persons via the Translating and Interpreting Service (TIS) on 13 14 50.


Current as at: Friday 10 November 2017
Contact page owner: Centre for Population Health