Vaping and the law

Current Vaping Regulations

The Australian Government is taking strong action to address vaping through a comprehensive range of regulatory reforms that change the way vapes can be imported, manufactured, supplied and advertised in Australia.  

Vapes include vaping substances, vaping accessories and vaping devices. 

Vaping legislation passes the Australian Parliament  

Following the commencement of the Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Act 2024 on 1 July 2024: 

  • non-pharmacy retailers such as tobacconists, vape shops and convenience stores cannot sell any type of vape
  • therapeutic vapes that meet TGA requirements will continue to be available from pharmacies where clinically appropriate
  • anyone involved in transporting, storing or handling vapes must comply with strict requirements 
  • the advertising or promotion of vapes is prohibited, except where specifically authorised
  • importers and sponsors continue to be required to hold an import licence and permit from the Office of Drug Control and meet relevant product standards.

Until 30 September 2024, patients need to speak with a medical or nurse practitioner to: 

  • get a prescription to buy vapes containing nicotine, and
  • access zero-nicotine vapes

For further information:  

https://www.tga.gov.au/products/unapproved-therapeutic-goods/vaping-hub  

The law

For current law https://www.health.nsw.gov.au/tobacco/Pages/e-cigarettes.aspx

Fast facts:

  • Adults can buy e-cigarettes that DO NOT contain nicotine
  • E-cigarettes and e-liquids containing nicotine are a prescription only medicine (over 18 only)
  • It is illegal to sell e-cigarettes to anyone under 18
  • It is illegal to sell e-cigarettes containing nicotine to anyone (including online sales). 

Prescription of e-cigarettes (over 18 years)

Vapes containing nicotine, including nicotine e-cigarettes, nicotine pods and liquid nicotine can only be supplied in Australia with a prescription. All vapes containing nicotine are regulated as prescription medicines under the therapeutic goods framework so can only be supplied in pharmacy settings.

It is unlawful for retailers such as tobacconists, vape shops and convenience stores, to sell vapes containing nicotine, even to customers with a prescription.

Nicotine replacement therapies included in the Australian Register of Therapeutic Goods (such as patches, lozenges, chews and gums) do not require a prescription and continue to be available from pharmacies and some retail outlets.

For more information about the prescription of nicotine-containing e-cigarettes, check out the TGA Vaping Hub

Reporting

  • Any retail store selling e-cigarettes that contain nicotine, or selling e-cigarettes to minors (under 18) can be reported here
  • Individuals selling e-cigarettes can be reported to Police or Crimestoppers

Vape free areas

  • It is illegal to use vapes where you can’t smoke cigarettes
  • This includes inside a car with a person under 16 years of age, restaurants and other dining areas.

Poisons Information Line

  • If you think someone has been poisoned by liquid nicotine please call the Poisons Information Centre on 131126
  • Call 000 if it is an emergency
  • Keep vapes away from children and pets – nicotine can be fatal.
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