Abbott maintains he was not in breach of the rules because he had originally attended the beach to go surfing and catch some “magic waves” which he added “is exercise”.

He told media he believed he was completely within the rules even under what he called the current “rather oppressive regime”.

Abbott has not been fined or charged with any wrongdoing.

🚨 BREAKING 🚨

Here is another example of Australia’s political elite playing by a different set of rules compared to everyone else.

Look at how Former PM Tony Abbott is dressed - THIS IS NOT EXERCISE!

I wonder whether @nswpolice will issue Abbott with an infringement notice? pic.twitter.com/lLqC3pQPFm

— John Adams (@adamseconomics) September 8, 2021

But the woman who photographed him has confirmed she has now been contacted by police and will make a statement.

“Nothing says mockdown more than an ex-PM flaunting around without a mask,” she said to the media.

“It’s OK for him, but what about everyone else who has been fined by the police? What about all the kids that can’t be vaccinated?”

“When the premier says ‘people should use their judgement’, this shows that even a former leader of this country can’t even be trusted to use his judgement,” she added.

Photographed at Fairy Bower Beach chatting to a friend

The former Prime Minister was photographed in jeans and a jumper chatting with the friend at Fairly Bower Beach on the Manly foreshore.

“I went out for a surf on the beautiful Bower. Caught a couple of magic waves,” he said.

He was then overheard apologising to his friend as he realised he’d made an error.

“S**t I don’t have my mask,” the former PM was overheard saying.

The group went on to joke about Abbott’s globetrotting overseas travels which have recently included a trip to India as a trade envoy for Australia.

After his friend joked he was surprised Abbott had been let back into the country, the former PM replied, “I’ve got a passport mate, they had to let me into the country.”

“And yeah, it’s a perfect day in Sydney. Just a pity we’re all bloody suffering lockdown conditions.

“Apart from that, it’s as good as it can be.

“Look, I regard myself as having been at all times within the rules. I was surfing. That’s exercise. I was with one other person. That’s permitted. I then walked briskly to the coffee shop, that’s permitted.

“I didn’t have a mask on while I was drinking coffee. That’s permitted. So, all ridgy didgy even under the current rather oppressive regime.”

NSW imposes a $500 fine for adults who don’t comply

There is a $500 fine for adults in NSW who fail to comply with a direction to wear or carry a mask.

The person who took the photograph of Abbott told media he was still chatting without his mask after they returned from a dip in the ocean around 9am.

Abbott is the latest in a line of politicians photographed maskless in recent months.

Deputy Prime Minister Barnaby Joyce was fined $200 for failing to wear a mask in breach of COVID orders in June.

Local constituents informed police after he was spotted in a petrol station in Armidale without a mask.

Image: Getty Images and Twitter