Australian Vaping Laws

The Australian Vaping Laws around vaping are focused particularly because of Nicotine used for vaping. Different states around Australia will have different laws applied to Nicotine, therefore disrupting the e-cigarette market for the last few years. For now, there is new legislation that is currently under parliamentary inquiry. This page will break down and provide information about the Australian Vaping Laws.

Prescription Law

Effective since October 1, the Australian Government and Therapeutics Goods Administration (TGA) will require Australian Vapers to hold a prescription before importing nicotine e-liquid products (“unapproved medicines”) under the Personal Importation Scheme.

*Please note that we only provide general information about the prescription law for nicotine purchase and do not constitute legal advice*

Is Nicotine Legal To Be Purchased/Sold in Australia? 

Sad news for our fellow vapors, unfortunately, E-liquids with pre-mixed nicotine are illegal to be sold commercially within the country. The reason behind this is that Nicotine itself is classified as a schedule 7 –  Dangerous Poison under the National Poisons Standard. This law has prevented us from selling consumers products containing nicotine in retail and online within Australia.

However, if the e-cigarette is for therapeutic purposes such as smoking cessation or alleviation of nicotine withdrawal, the e-cigarette must be registered by the TGA in order to be lawfully sold. This is only available by a doctor as a schedule 4 prescription-only medicine under the National Poisons Standard.

As a community, we are constantly fighting back and pressuring the government to change these laws whereby it is still under federal parliamentary inquiry to examine whether to allow E-liquids to contain nicotine in Australia for vaping to be legalized. Although e-cigarettes are still not allowed to be sold if it contains nicotine in Australia. However, it’s very likely that the federal government will not be changing its stance on this in the near future.

Can I Use E-liquids Containing Nicotine In Australia? 

As mentioned about different laws in different states, unfortunately for Queenslanders, It is illegal to use e-cigarette containing nicotine. You will be fined if caught using nicotine in your device or found in your E-liquids. On the other hand, it is legal to use nicotine in your device and E-liquid in other states for personal use.

Can I Purchase E-liquids With Nicotine From Overseas? 

It is legal to import your items with nicotine into Australia provided that you are purchasing it for personal therapeutic reasons, except for Queensland, and a prescription from a registered medical practitioner that deems it legal to do so. TGA also requires you to lawfully comply with the following conditions, otherwise, you will be subjected to facing fines and customs will confiscate your package.

(1) Under the National Poison Standard, the importer should possess a prescription from a registered medical practitioner.

(2) Nicotine products can be imported for therapeutic use or for the importer or their immediate family

(3) The amount of nicotine in E-liquids being imported must not be able to supply more than 3 months. You’ll most likely be able to import your nicotine below 1000ml as there’s no indication as to how much equates to 3 months.

(4) The product should not contain any substance prohibited under Customs Act. (Nicotine is not prohibited under this act.)

(5) Nicotine E-liquids imported in a 12 month period should not exceed a 15 month supply.

The Vaping Laws In Different States

New South Wales (NSW)

The E-cigarette laws were passed in June and December 2015, making amendments to the Public Health (Tobacco) Act. Additional laws such as the way an e-cigarette would be displayed and sold in NSW were also passed in 2017, restricting retailers from selling e-cigarettes and accessories to people under the age of 18. It is also an offense to drive while vape in cars with under-aged children presents with you. It is also prohibited to (1) advertise e-cigarette which can be seen or heard from a public space in or out of business premises, (2) give out free samples of e-cigarettes and accessories, (3) apply shopper loyalty programs, sponsorships, or in vending machines. Retailers are only allowed to display price tickets and single price boards only. Although some retailers have been exempt from the display laws, in Sydney, it is allowed to display in stores. Some even charge a certain fee for customers to try out samples at their tasting tables. You may purchase your nicotine from overseas into NSW but it is illegal to use in indoor or outdoor smoke-free zones.

 

Legal	Illegal
Use of E-Cigarette With Nicotine From E-liquids	Vaping in Indoors or Outdoor Smoke-Free Zones (1 July 2018)
Nicotine Import For Personal Use With Prescription From A Medical Practitioner	Sale Of E-Cigarettes or E-liquids Containing Nicotine
Sale and Supply of E-Cigarettes	Sale of All E-Cigarettes To People Under The Age Of 18
	Use Of E-Cigarette In Cars With Children Under The Age Of 16
	Promotional Advertising In Retail Stores Of E-Cigarettes (Some are exempted)

 Victoria (VIC)

Victoria has passed the e-cigarette-specific changes to the Tobacco Act on 1 August 2017, regulating the sale, advertising, and use of e-cigarettes. The Victorian Drugs and Poisons Legislation dictates that it is prohibited to sell, use or possess products containing nicotine. E-cigarettes cannot be used in smoke-free zones, sell to people under the age of 18 and advertise/promote materials anything related to e-cigarette products. Retailers are only allowed to inform customers of the availability of products with a display sign with a price board. The law also prohibits retailers from providing samples of e-cigarettes and can no longer vape in the retail shop as well. You can still import nicotine from overseas and purchase e-liquids without nicotine in Victoria.

 

Legal	Illegal
The Sale and Supply of E-Cigarettes	Use of E-Cigarette with Nicotine
Nicotine Import For Personal Use With Prescription From A Medical Practitioner	Sale Of E-Cigarettes or E-liquids Containing Nicotine
	Vaping in Indoor or Outdoor Smoke-Free Zones
	Sale of All E-Cigarettes To People Under The Age Of 18
	Use Of E-Cigarette In Cars With Children Under The Age Of 16
	Promotional Advertising In Retail Stores Of E-Cigarettes

South Australia (SA)

South Australia has been the leading state in Australia’s vape scene. The laws in SA are very liberal as e-cigarettes are un-classified meaning the regulations do not apply. This means you can sell and advertise e-cigarettes and E-liquids in stores and vape in smoke-free zones. However, Nicotine is still illegal to be purchased in SA. In 2018, the government has proposed restrictions on selling e-cigarette products in SA in the sale of e-cigarette to people under the age of 18, and to control retail stores without a license. SA OF course, restrictions will go into motion around advertising promotions of e-cigarette products, use of e-cigarettes in smoke-free zones, and in a car with children under the age of 16. On 18 March 2018, the liberal premier Steven Marshall was voted in, these laws would have been passed if labor won the election. However, with Liberals holding the majority, the new laws are uncertain if they will be passed.

 

Legal	Illegal
The Sale and Supply of E-CIgarettes	Sale Of E-Cigarettes or E-liquids Containing Nicotine
The Use of E-Cigarettes With Nicotine From E-liquids	Sale of All E-Cigarettes To People Under The Age Of 18
Vaping in Indoors or Outdoor Smoke-Free Zones	Use Of E-Cigarette In Cars With Children Under The Age Of 16
Promotional Advertising In Retail Stores Of E-Cigarettes
Nicotine Import For Personal Use With Presciption From A Medical Practitioner

Northern Territory (NT)

The rules do not apply to e-cigarette products as it is currently unclassified and the only law that applies is at the federal level. This means that the only thing you can’t purchase is E-liquids with Nicotine contained. You are legally allowed to vape wherever you like in NT unless there are signs saying you cannot. Retailers are allowed to display vape products in stores with ease. However, the Northern Territory is considering putting regulations around e-cigarettes as well but no proposals have been made. Time will tell for NT anyways.

 

Legal	Illegal
The Sale and Supply of E-CIgarettes	Sale Of E-Cigarettes or E-liquids Containing Nicotine
The Use of E-Cigarettes With Nicotine From E-liquids	Sale of All E-Cigarettes To People Under The Age Of 18
Vaping in Indoors or Outdoor Smoke-Free Zones	Use Of E-Cigarette In Cars With Children Under The Age Of 16
Promotional Advertising In Retail Stores Of E-Cigarettes
Nicotine Import For Personal Use With Prescription From A Medical Practitioner

Australian Capital Territory (ACT)

ACT passed regulations in 2017 that now apply the same restrictions on e-cigarette products as tobacco products. The laws state that it is prohibited to (1) sell e-cigarette products to people under the age of 18, (2) advertise in stores, (3) must be kept out of view, and (4) cannot vape in smoke-free zones. However, the sale and supply of e-cigarette with nicotine from e-liquids is legal and importation from overseas for nicotine. 

Legal	Illegal
The Sale and Supply of E-CIgarettes	Sale Of E-Cigarettes or E-liquids Containing Nicotine
The Use of E-Cigarettes With Nicotine From E-liquids	Vaping In Indoor or Outdoor Smoke-Free Zones
Nicotine Import For Personal Use With Prescription From A Medical Practitioner	Promotional Advertising In Retail Stores Of E-Cigarettes
	Sale of All E-Cigarettes To People Under The Age Of 18
	Use Of E-Cigarette In Cars With Children Under The Age Of 16

Tasmania (TAS)

Tasmania passed new laws on 29 November 2017 to treat e-cigarette products similar to tobacco products. It is not allowed to vape in smoke-free zones or in retail stores even stores that stock vape products. It is required for a store (1) to carry a license to sell e-cigarette products, (2) not promote or advertise in-store, (3) display certain notices, (4) to not offer shopper loyalty programs, and (5) not to sell to people under the age of 18.

Legal	Illegal
The Sale and Supply of E-Cigarettes	Use Of E-Cigarettes With Nicotine From E-liquids
Nicotine Import For Personal Use With Prescription From A Medical Practitioner	Sale Of E-Cigarettes or E-liquids Containing Nicotine
	Vaping In Indoor And Outdoor Smoke-free Zones
	Sale Of E-Cigarettes To People Under The Age Of 18
	Promotional Advertising In Retail Stores Of E-Cigarettes

 Western Australia (WA)

The Vaping Laws in Western Australia is one of the strictest laws. According to the Tobacco Products Control Act 2006 and the Medicines and Poisons Act 2014, it is not allowed to sell any product that is not a tobacco product, unless its design resembles a tobacco product or package. Due to this act, regardless of the e-cigarette has nicotine contained, it will not be sold in WA. However, it is still allowed to purchase an e-cigarette and e-liquids online and have them shipped into WA. With no controls around vaping in no-smoking zones, it is legally allowed to vape wherever unless the owner of the premises prohibits it. 

Legal	Illegal
Vaping In Indoor And Outdoor Smoke-free Zones	Sale Of E-Cigarettes or E-liquids Containing Nicotine
Nicotine Import For Personal Use	Promotional Advertising In Retail Stores Of E-Cigarettes
Use Of E-Cigarettes With Nicotine From E-liquids	The Sale and Supply of E-Cigarettes

 Queensland (QLD)

Queensland has some of Australia’s strictest laws around vaping. e-cigarettes are considered smoking products under the Tobacco And Other Smoking Products Act 1998. Due to it being classed under the same laws as cigarettes, e-cigarettes and e-liquid cannot be sold to children under 18 years of age or be advertised, promoted, or displayed at retail outlets. You cannot vape in smoke-free zones and Queensland is the only state in Australia in which you cannot import nicotine for personal use from overseas and it is illegal to use an e-cigarette containing nicotine.

Legal	Illegal
Sale and Supply of E-Cigarettes	Sale Of E-Cigarettes or E-liquids Containing Nicotine
	Promotional Advertising In Retail Stores Of E-Cigarettes
	The Sale and Supply of E-Cigarettes
	Nicotine Import For Personal Use From Overseas
	Sale Of E-Cigarettes And E-liquid With Nicotine
	Vaping In Indoor And Outdoor Smoke-free Zones
	Sale Of E-Cigarettes To People Under The Age Of 18
	Use Of E-Cigarette In Cars With Children Under The Age Of 16
	Promotional Advertising In Retail Stores Of E-Cigarettes

To know more please visit the Therapeutic Goods Administration for more information about the understanding and use of nicotine in e-cigarettes and e-liquids.

Check out other articles about Nicotine and Nicotine Calculator in Australia here at Vape Culture Online.