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Email Link   Smoking in Public Places

Smoke legislation is administered by NSW Health.

Smoking and using e-cigarettes are banned in all enclosed public areas and certain outdoor public areas, under the Smoke-free Environment Act 2000 (external link) and the Smoke-free Environment Regulation 2016 (external link). These bans protect people from harmful second-hand tobacco smoke. There is no safe level of exposure to second-hand smoke.

Enclosed public areas

Smoking and using e-cigarettes are banned in all enclosed public areas including in shopping centres, cinemas, libraries, trains and buses.

Outdoor public areas

Smoking and using e-cigarettes 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

Smoke-free guide: No smoking within 4 metres of a pedestrian access point to a building provides information on which buildings are applicable.

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

Who enforces smoking laws?

NSW Health inspectors conduct regular compliance monitoring and enforcement activity. They can issue cautions or on the spot fines to people who break the smoking bans.

Inspectors can also provide education to the public on smoking bans, and work with property and building owners to display smoke-free signage and remove butt bins, where appropriate.

Complaints

Complaints about an indoor or outdoor smoking in areas where there is a smoking ban can be logged to NSW Health's by completing the online reporting form tobaccocomplaint.crm.moh.health.nsw.gov.au/ (external link)

If you prefer to speak with somebody to raise your complaint, please contact Lismore Public Health Unit on (02) 2220 7585.

The Public Health Unit will need:

  • the name and address where smoking was seen, or the name and address of the tobacco or e-cigarette retailer
  • the date and time you saw the incident
  • details of your complaint, or details of what you saw

For further information or for any other complaints, please call the Tobacco Information Line on 1800 357 412.

Non-English speaking people can contact the Tobacco Information Line via the translating and interpreting service (TIS) on 13 14 50 to report breaches to the smoking bans and tobacco retailing laws.

For more information please visit www.health.nsw.gov.au/tobacco/Pages/smoke-free-laws.aspx (external link)

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