Couple are fined $1,000 by undercover cop in a Sydney outdoor market for eating a noodle soup - after the same overzealous officer fined a man for sitting down drinking coffee

A frustrated Sydney couple have each been fined $1,000 for eating noodle soup in a city market even though the pair were holding masks at the time. 

James Adcock and his partner Francis were enjoying the hot broth at the open-air markets in Potts Point on Saturday when they were approached by a man in a suit.

The undercover officer from Kings Cross station asked what they were doing and the pair explained they had stopped to eat something before they started shopping. 

James Adcock and his partner Francis Voon were each hit with a $1000 fine on Saturday for a breach of the public health orders

The pair had stopped to eat some noodles before they started shopping at the open-air markets in Potts Point when they fined by an undercover cop

Mr Adcock told Daily Mail Australia he and his partner had been standing well away from the crowds and had been holding masks at the time of the incident.  

'We found a quiet spot away from everyone else to eat while standing. No sitting. Just us two on our own,' he explained.  

'As I was finishing and putting my mask back on the police officer in casual clothes approached and asked "what do you think you are doing".

Mr Adcock said the officer had seen his grocery bags were empty and told the pair he didn't believe they were shopping, but instead were standing and eating. 

The pair were each hit with a $1,000 fine for a breach of the public health orders, two of six penalties the officer and his colleagues handed out that day. 

The same undercover cop was seen approaching another couple enjoying a takeaway coffee while perched on the fringes of the Fitzroy Markets. 

The man and his partner were similarly questioned as to what they were doing, before the officer demanded ID and told them to expect a $1,000 fine.  

It is unclear whether this couple were carrying masks at the time. 

The man vowed to contest the $1,000 fine as he claims he was firmly within the definition of 'outdoor recreation', which is permitted for households outside of Sydney's 12 LGA's of concern. 

Mr Adcock told Daily Mail Australia he and his partner had been standing well away from the crowds at the markets and had been holding masks at the time of the incident 

Deputy Police Commissioner Gary Worboys said 537 infringement notices had been handed out in the last 48 hours, (pictured, a Sydney resident enjoying the sun on a park bench)

Under the new police powers, officers can also order anyone issued with an infringement notice to immediately return home (pictured, residents in Rushcutters Bay)

Deputy Police Commissioner Gary Worboys was asked to clarify the definition of recreation under the public health orders during Wednesday's Covid briefing. 

A reporter asked if Sydneysiders eating and drinking outside could be slapped with $1,000 or $3,000 fines.

'I have every confidence in each individual police officer to make a decision around what fits in the public health order and what clearly sits outside it,' he replied.

'Every day I come here and talk about hundreds of infringement notices, 537 in the last 44 hours, those notices issued to people that don't sit in that grey area that clearly sit outside the public health order.

'In terms of food, people need to understand that... the general rule that it is takeaway so if you buy food or coffee, takeaway and consume . 

'Let's be clear that we are in a pandemic, in a situation that we want people to absolutely comply with the public health orders and police will take action where they think that is appropriate.' 

The deputy commissioner failed to answer to a question on if he was worried about resistance when nail salons and hairdressers were finally opened seeing as residents were being fined for simply eating outdoors. 

Deputy Commissioner Gary Worboys said he had every confidence in each individual police officer to make a decision on what fell under the public health orders

NSW Health defines recreation as outdoor leisure activities such as sitting for relaxation, or to eat, drink or read outdoors and states masks can be removed for eating and drinking (pictured, Woollahra residents out in Rushcutters Bay)

The fines handed out to people at the Potts Point markets and Deputy Commissioner Warboys' response both appear to be inconsistent with NSW Health advice.

Under the public health orders, 'outdoor recreation' is legal across NSW, and only banned in the 12 western LGAs under a stricter lockdown.

NSW Health defines recreation as including 'outdoor leisure activities such as sitting for relaxation, or to eat, drink or read outdoors' and exercise as an activity that requires physical effort and is designed to maintain or improve health. 

NEW COVID RESTRICTIONS IN NSW FROM MONDAY

Wearing masks outside will be mandatory for everyone in NSW, unless they are exercising

Those who are exercising will still need to carry a mask with them at all times

People will need to put on a mask while exercising if they are in a busy area or cannot socially distance

A curfew will apply to residents in Sydney's 12 local government areas of concern

They will not be able to leave the house between 9pm to 5am unless they are an authorised worker

Outdoor exercise for residents in those LGAs has been limited to an hour a day

Sydneysiders travelling into or out of the 12 LGAs of concern for work will also need to carry a permit

However, recreation can only be done 5km from home or within the same local council.

Recreation must also only be solo, with members of your household, or the nominated visitor as part of the 'singles bubble'.

Exercise can still involve one other person that you do not live with.  

Police seen handing out fines in Sydney's beachside suburbs did so because the people who gathered were from different households.

Instances of bigger groups congregating in parks and on beaches in the eastern suburbs led in part to NSW Police cracking down on the rule. 

However, outdoor recreation is much less fun than it used to be as face masks are since August 23 mandatory outdoor except during exercise.

People outdoors for recreation must also carry a proof of address to show they are within 5km of their home or within their local council, as permitted.

Under the new police powers, officers can also order anyone issued with an infringement notice to immediately return home.

NSW Police can issue on-the-spot fines to people of $1,000 or $3,000 for participating in an outdoor gathering that breaks the rules.  

Mask rules have sparked intense debate since it was announced wearing them outside would be made mandatory state-wide. 

Much of the confusion among NSW residents stems from the wording of the public health order which specifically states 'strenuous' exercise is an exemption. 

Deputy Commissioner Worboys strongly advised that masks be put back on when social distancing could not be maintained, such as on a busy street or walking track.

NSW Police can issue on-the-spot fines to people of $1,000 or $3,000 for participating in an outdoor gathering that breaks the rules (pictured, police patrolling in Maroubra)

 Mask rules have sparked intense debate since it was announced wearing them outside would be made mandatory state-wide from Monday (pictured, residents exercising in Sydney's east)

Wearing a mask would be mandatory if they stop exercising to engage in another activity, such as picking up a coffee or other goods from a shop.

'In terms of exercising, people do not have to wear a mask but where you are exercising in a place where there are crowds of people or where you think you will end up in a situation where people will be close by,' he told reporters on Sunday.

'You have to carry it so if you feel that your safety, if you feel that people are too close, why not put that mask on?'  

Those over 18 who do not wear or carry a face mask can be slapped with a $500 on-the-spot fine, with $80 and $40 penalties in place for younger age groups.

Anyone with an exemption must either carry a medical certificate issued by a doctor, or a statutory declaration.

It wasn't long before residents were stung by the new mandate, with one Balmain woman taking to social media on Monday to vent over a $500 fine her husband received for walking his dog without wearing a mask. 

She said police claimed her partners activity wasn't 'strenuous' to warrant his lack of mask but clarified she didn't know if he had been carrying one at the time.  

A spokeswoman from NSW Police previously told Daily Mail Australia officers would be enforcing the public health orders which state you must carry a face mask with you at all times when you leave home (pictured, NSW Police patrolling in Bondi)

A second woman shared a similar warning that police were booking dog-walkers not wearing masks on Darling Street in Balmain.

'Do not leave house without wearing your mask. Police are booking people out walking their dogs,' she posted to Facebook.

The woman told Daily Mail Australia she watched a police officer fine a man for not wearing a mask at about 8am on the main road.

Redfern Legal Centre Solicitor solicitor Sam Lee told the Sydney Morning Herald that a number of clients had contacted the service after they were hit with a fine simply for sitting down in a park. 

'Some have gone to the park to exercise and stopped while they're exercising and just sit down and were fined $1000 on the spot,' Ms Lee said.

NSW Council for Civil Liberties president Pauline Wright questioned if drinking a coffee outdoors was considered recreation and said it was a hard line to draw. 

She also claimed Police Commissioner Mick Fuller's promise to officers that they wouldn't be held accountable for an incorrect issuing of the hefty fines was telling.  

'If the police can't be expected to fully understand them, and it's their job, how are ordinary people expected to understand and comply as well?' Ms Wright said. 

'That's why we urge the police to use their discretion in a compassionate way when they're dealing with these things.' 

'Do not leave house without wearing your mask. Police are booking people out walking their dogs,' a Balmain woman warned residents on Monday after she watched a man cop a fine

NSW Police Minister David Elliott, a proponent of tougher lockdown rules, clarified a face mask was not needed to do a socially-distanced walk as it was considered exercise (pictured, two residents and their dog in Bondi)

A spokeswoman from NSW Police previously told Daily Mail Australia officers would be enforcing the public health orders which state you must carry a face mask with you at all times when you leave home.

'You must wear a face mask in all indoor and outdoor areas of non-residential premises, including workplaces and public transport,' the spokeswoman said.

'The circumstances will be assessed on a case by case basis with the health orders stipulating, a mask can be removed if doing strenuous exercise.' 

NSW Police Minister David Elliott, a proponent of tougher lockdown rules, clarified a face mask was not needed to do a socially-distanced walk.

'No, because that's exercise,' he told 2GB radio on Monday afternoon.

'Excessive exercise or strenuous exercise for me is a lot different to my 18-year-old son. Any exercise, you're okay to walk without your mask.' 

NSW RULES ON EXERCISE AND OUTDOOR RECREATION

Stay within your local government area, or within 5km of your home.

If travelling by a private vehicle, do not share it with people you do not live with, except your 'singles bubble' buddy.

You can exercise with one other person that you do not live with, or your 'singles bubble' buddy.

If you live with more than two other people, you can all go out together for exercise or recreation

Recreation includes outdoor leisure activities such as sitting for relaxation, or to eat, drink, or read outdoors.

But masks must be worn during outdoor recreation, and at any time when not exercising, and you must have one on you at all times.