It is now illegal to smoke electronic cigarettes whilst children are in the car

Is it illegal to smoke an e-cigarette in a car with children?

From 1 December this year the using of an electronic cigarette (e-cigarette) in a vehicle in the company of a child under the age of 16, is illegal in NSW.

The fine

A $250 on the spot fine applies to the driver and any passenger who is using an e-cigarette.

What if I challenge the charge or fine

You may elect to not pay the fine and have the matter dealt with by a courthowever a magistrate may impose a fine of up to $1,100.

The advertising of e-cigarettes

From 1 December 2015, the display and advertisement of e-cigarettes and accessories also is banned in NSW.

Retailers need to ensure that e-cigarettes and accessories cannot be seen by the public from inside or outside the premises. This applies to vending machines in the same fashion as all other storage solutions. Retailers are also not able to display an e-cigarette or e-cigarette accessory advertisement so that it can be seen or heard from a public place. An e-cigarette advertisement means writing or any still or moving picture, sign, symbol or other visual image or audible message that gives publicity to or is intended to promote the purchase of an e-cigarette product or e-cigarette accessory.