New legislation bans e-cigarette sales to children

Published: 27 Sep 2016

New legislation has passed banning the sale of e-cigarettes and accessories to children across NSW.

Health Minister Jillian Skinner said the new bill helps protect young people against the harmful health effects of smoking.

“This is a comprehensive piece of legislation which will guard against the re-normalisation of smoking among the young, as it has the potential to undermine decades of successful anti-smoking efforts in NSW,” Mrs Skinner said.

A bill to amend the Public Health (Tobacco) Act ensuring restrictions relating to the sale to minors, display and advertising of e-cigarettes are similar to other tobacco products.

The key points of the new e-cigarettes legislation are:

  • it is an offence to sell e-cigarettes and accessories to minors
  • it is an offence for adults to buy e-cigarettes and accessories on behalf of minors
  • it is an offence to smoke e-cigarettes in cars with children under 16 present
  • police have the power to seize an e-cigarette that is in the possession of a person under the age of 18
  • new restrictions now apply to the display and advertising of e-cigarettes
  • a person may not operate or use a vending machine that dispenses e-cigarettes on behalf of a minor
  • e-cigarette vending machines may be located only in limited areas, such as licensed premises

In NSW, the sale of e-cigarettes to a minor is subject to the same maximum penalty as the sale of a tobacco product to a minor - that is, $11,000 for an individual or $55,000 for a corporation and, for repeat offenders, $55,000 for an individual and $110,000 for a corporation.

Penalties for all other offences relating to e-cigarettes will also be in line with existing penalties for tobacco products.

More information

Visit NSW Government Health Tobacco Strategy website

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