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

Smoke-free areas where people cannot smoke or vape 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.

Vaping on public transport 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 vaping within the premises.

Why is this law in place?

Vapes 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.

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 vaping 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

For more information on smoke-free environment laws please refer to Smoke-free laws in NSW. Smoke-free signage and resources to reinforce that ‘No Smoking means No Vaping’ can be ordered from NSW Health at Smoke-free environment resources.​

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

To ensure you have access to the latest information, we recommend you visit this page regularly.​