People cannot use e-cigarettes in smoke-free areas under the Smoke-free Environment Act 2000. They can use e-cigarettes where smoking is not banned.

Smoke-free areas where people cannot smoke or use e-cigarettes are:

  • All enclosed public places
  • Outdoor public places:
    • Within 10 metres of children’s play equipment in outdoor public
    • 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
    • In a car with a child under 16 years of age in the vehicle.

Using e-cigarettes on public transport vehicles such as trains, buses, light rail, ferries is also banned under the Passenger Transport (General) Regulation 2017.

Individual establishments and workplaces such as businesses, councils and other organisations may develop their own smoke-free policies to ban the use of e-cigarettes within the premises.

Last updated: 26 February 2024

Why is this law in place?

E-cigarettes are not risk free. They may expose users and bystanders to chemicals and toxins such as propylene glycol, glycerol or ethylene glycol that cause adverse health effects, and may increase the risk of developing cardiovascular, cancer and respiratory diseases. E-liquids or vapour may also contain potentially harmful chemicals not present in smoke from tobacco cigarettes.1

The NSW Government has introduced these laws to protect the public from second-hand vapour in areas where it is difficult to avoid. For more information, please refer to Smoke-free laws in NSW.

How will the law be enforced?

NSW Health inspectors conduct regular compliance monitoring and enforcement activity. Inspectors will enforce the ban on using e-cigarettes where smoking is banned. They can issue cautions or on the spot fines of $300 to people who break the law.

For information on enforcement and reporting a breach of the smoking ban, refer to Smoke-free laws in NSW.

For more information

Please visit NSW Health tobacco and smoking control website or contact the Tobacco Information Line on 1800 357 412.


  1. National Health and Medical Research Council, Electronic Cigarettes, Australia
Current as at: Monday 26 February 2024
Contact page owner: Centre for Population Health