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