Are e-cigarettes legal in NSW Australia

On 25 June 2015, the NSW Parliament passed the Public Health (Tobacco) Amendment (E-cigarettes) Act 2015 to amend the Public Health (Tobacco) Act 2008. The Act assented on 30 June 2015. The changes to the Act define e-cigarettes and e-cigarette accessories to be separate from tobacco products. The Act makes many of the provisions that apply to tobacco products also apply to e-cigarette and e-cigarette accessories.

The changes commenced in two stages.

From 1 December 2015:
•it is an offense to use e-cigarettes in cars with children under the age of 16 present, A $250 on the spot fine applies to the driver and any
passenger who breaks the law.
•new provisions apply to the display and advertising of e-cigarettes and accessories.

From 1 September 2015 it is an offense:
•to sell e-cigarettes and e-cigarette accessories to minors under the age of 18
•for adults to buy e-cigarettes and e-cigarette accessories on behalf of minors
•to operate or use a vending machine that dispenses e-cigarettes and/or e-cigarette accessories on behalf of a minor.

NSW Police have the power to seize an e-cigarette that is in the possession of a person under the age of 18.

What is the new law?
The Public Health (Tobacco) Act 2008 creates a new offense of using 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. The law comes into effect on 1 December 2015.

How will the law be enforced?
NSW Police will enforce 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 $1,100.

Why is this new law in place?
The NSW Government introduced new laws to protect children from any potential harms associated with e-cigarettes.

For more information:

Please contact the Tobacco Information Line on 1800 357 412 or visit the fact sheets on the NSW Health website.