Smoking and Tobacco Control
The Environmental Health team monitors and assesses smoke-free places, underage smoking, the sale of tobacco products, and tobacco advertising to create a healthier environment for those who live, work, and visit areas of the South Eastern Sydney Local Health District.
The Smoke-Free Environment Act 2000 requires enclosed public places in NSW to be smoke-free. Environmental Health Officers monitor and assess compliance as required to determine what is an 'enclosed public place', and when a covered outside area is considered to be substantially enclosed for the purposes of the Act.
Many outdoor settings are now also smoke-free. This includes transport stops, sports grounds and most recently commercial outdoor dining areas.
For more information about smoke-free environments visit:
- Smoke-free Environment Regulation 2016
- Smoke-free laws – NSW Health
- Smoke-free commercial outdoor dining laws – NSW Health
- Smoke-free outdoor areas – frequently asked questions – NSW Health
From 1 July 2018 e-cigarettes or vaping is prohibited anywhere tobacco smoking is not allowed.
A person who sells tobacco products to someone who is under the age of 18 years may be fined up to $55,000. It is also illegal to sell E-cigarettes and accessories, and non-tobacco smoking products including herbal cigarettes. All tobacco retailers have a duty of care to ensure that they only sell tobacco products to persons aged 18 years of age or older. Retail outlets are randomly surveyed and prosecutions are undertaken against those individuals found to sell these products to people under the age of 18. Retailers must ensure that the purchaser produces a proof of age document if necessary, and that their sales staff are appropriately trained regarding these obligations.
The sale of single cigarettes, cigarettes in packets of less than 20, unpackaged tobacco, or tobacco products without appropriate health warnings (‘illegal tobacco’ including ’chop chop’) is prohibited to any person regardless of the customer’s age. Environmental Health Officers at the Public Health Unit are now able to seize and destroy illegal tobacco found in tobacco retailers’ premises. An emerging issue is the sale of disposable e-cigarette devices containing nicotine. These devices are prohibited from being sold to anyone, however our officers have found that some retailers are selling devices to children. Education programs are regularly provided to ensure retailers are aware of their responsibilities in regard to the sale of tobacco and related products.
Since June 2020 eight retailers have been summoned to court and prosecuted for selling illicit tobacco and not displaying prescribed health warnings. More information about the tobacco prosecutions can be found in below media stories.
The display of tobacco products, non-tobacco smoking products, e-cigarettes, e-liquids and smoking accessories has been phased out in retail outlets including tobacconists and tobacco vending machines. Environmental Health Officers actively monitor retailers for breaches under the Public Health (Tobacco) Act 2008.This includes checking for the required warning signage, and price board and price ticketing restrictions.