An electronic quit-smoking "cigarette" used on Gosford railway station could end in an $1100 fine for a Wyoming man.

Retired pensioner Anthony Campo, 67, appeared in Gosford Local Court last week over a charge of smoking ``in or on a public passenger vehicle, train or public place'' for which he inititally faced a $300 fine.

But the case has left a magistrate and prosecutor scratching their heads and the whole affair lost in a legal smoke haze.

Representing himself, Mr Campo, initially said he intended to plead guilty to the public smoking fine.

``It was a train platform, your honour,'' he told magistrate Alan Railton.

But when he pulled out a small zip lock bag containing an electronic cigarette and a small charger - and offered by way of explanation ``it was only an electronic cigarette'' - the bemused magistrate could do little but shake his head and smile.

``It's a first for me,'' the long-serving magistrate said. ``That's a good one.''

The police prosecutor agreed as chuckles broke out in the public gallery.

Mr Railton stood the fine aside in the list and heard other matters while the prosecutor looked up the relevant legislation.

But when the magistrate returned to the case of the man fined for smoking a quit-smoking device in a public place, the 67-year-old defendant was nowhere to be seen.

``Where's Mr Campo,'' Mr Railton said.

``Has he gone outside for a smoke?''

On his return the prosecutor told the court the police said it was a lit cigarette and the regulations defined the offence as encompassing ``any tobacco or any other tobacco product intended to be smoked''.

``I would say that fits the definition,'' he said.

The prosecutor said there was nothing the court could do but proceed with the fine, at which point Mr Campo changed his plea

``Not guilty your honour,'' he said

``As far as I'm concerned it's not a cigarette.''

He told the court the female officer first said she was going to give him a warning and then fined him anyway.

According to court papers the retired pensioner was fined for smoking on the platform of Gosford train station at 8.19am on April 30

Outside court the lifelong smoker said he'd been trying to kick the habit when he was approached by police while waiting for a train.

He said he just slipped the electronic cigarette into his pocket.

``There were two guys smoking just before me and thousands of butts on the ground,'' he said.

``I was at the end [of the platform] it wasn't like I was under cover or anything and there were no [no smoking] signs.''

Rechargeable electronic cigarettes or ``e-cigs'' use an atomiser to vaporise a liquid solution containing various forms of propylene glycol or vegetable glycerine, flavours and usually nicotine.

Nicotine is classified as a Schedule 7 dangerous poison under the NSW Poisons and Therapeutic Goods Regulation 2008, which tightly controls the sale of nicotine products.

A NSW Health spokeswoman said electronic cigarettes containing nicotine were banned in NSW and could attract a fine of up to $1100 but those without nicotine were legal.

``E-cigarettes emit vapour and not tobacco smoke and as such their sale and use does not come within NSW tobacco regulation,'' she said.

``Not all e-cigarettes dispense nicotine.''

Mr Campo said he got his electric cigarette from a tobacconist.

The matter returns on December 19 for hearing.