Damon Mcknight
Australia has implemented new laws and regulations for vaping products to reduce the health harms caused by vaping, especially among young people. From 1 July 2024, all vapes and vaping products, regardless of nicotine content, can only be sold in pharmacies to help people quit smoking or manage nicotine dependence. These laws aim to address the public health issues caused by vaping and nicotine addiction, while still allowing legitimate patient access to therapeutic vapes.
| Characteristics | Values |
|---|---|
| Date of Ban Implementation | 1 July 2024 |
| Ban on Importation | Ban on the importation of disposable vapes from 1 January 2024. Ban on the importation of all vapes without an import license and permit from 1 March 2024. |
| Availability | Available only in pharmacies for smoking cessation or nicotine dependence management. |
| Prescription Requirements | People under 18 years need a prescription. People who need vapes with a concentration of nicotine higher than 20 mg/ml also need a prescription. |
| Advertising | Advertising and promotion of vapes are banned. |
| Flavours | Flavours limited to mint, menthol, and tobacco. |
| State Laws | Tasmania and Western Australia have introduced their own legislation, separate from federal vaping laws. |
| Enforcement | Australian Border Force (ABF) is leading enforcement at the border, in partnership with the Therapeutic Goods Administration (TGA). |
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What You'll Learn
Vaping is restricted to pharmacies
Vaping has become increasingly popular in Australia in recent years, especially among young people. However, scientists and public health experts do not consider e-cigarettes safe. In response to the health concerns, the Australian Government has introduced new laws for vaping products, aimed at reducing the harm caused by vaping, especially to young people.
As of July 1, 2024, all vapes and vaping products, regardless of whether they contain nicotine or not, can only be sold in pharmacies to help people quit smoking or manage nicotine dependence. Non-pharmacy retailers, such as tobacconists, vape shops, and convenience stores, are no longer allowed to sell any type of vape. This restriction on sales to pharmacies only is part of a broader set of regulations to strengthen control over the importation, manufacture, and supply of vapes.
The new laws also include advertising restrictions. Vapes cannot be advertised in Australia, including in print, online, or on social media platforms. This ban aims to prevent young people from being targeted by the vaping industry.
In addition to the advertising ban, there are heavy penalties for the illegal supply and commercial possession of vapes. However, individuals, including those under 18, who possess vaping products for personal use will not be targeted under the new laws.
Therapeutic vapes for smoking cessation or managing nicotine dependence are still available from pharmacies if they meet regulatory requirements. These vapes are restricted to mint, menthol, and tobacco flavours. People under 18 years old need a prescription from a medical or nurse practitioner to purchase any type of vape, and those seeking vapes with a nicotine concentration higher than 20 mg/ml will also require a prescription, regardless of age.
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Bans on advertising
Australia has implemented a range of measures to restrict the advertising of vaping products, reflecting a broader trend towards tighter regulation of the domestic vaping industry.
The Therapeutic Goods Administration (TGA) has introduced a strengthened advertising framework for vapes, banning their advertising across all media platforms, including social media, as well as other forms of promotion and sponsorship. This framework, established under the Therapeutic Goods Act 1989 and subsequent amendments, prohibits the advertising of vaping goods, including e-cigarette products. The Public Health (Tobacco and Other Products) Act 2023 further reinforces these restrictions, banning any form of communication or activity that directly or indirectly promotes smoking, vaping, or the use of tobacco products.
From 1 July 2024, new criminal offences and civil penalty provisions under the Therapeutic Goods Act 1989 came into force, targeting the unlawful importation, manufacture, supply, commercial possession, and advertisement of vaping goods. These provisions carry substantial penalties, including up to 7 years in jail and/or fines of up to $21.91 million per contravention.
In response to concerns about the continued advertising of vapes on social media platforms, the Australian government introduced additional laws that took effect from 1 April 2024. These laws specifically prohibit the publishing of tobacco or e-cigarette advertisements online and ban online tobacco or e-cigarette sponsorships, targeting industry deals with social media influencers. Despite these measures, some experts have characterised the laws as "'toothless' without more robust enforcement from social media platforms themselves."
While Australia has not implemented a total ban on vaping products, the trend towards stricter regulation is evident. The enforcement of these advertising bans is a key aspect of the government's strategy to curb the use of vaping products, particularly among youth.
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Stricter border controls
Australia has implemented stricter border controls to curb the importation, manufacture, and supply of vapes. The Australian Border Force (ABF) is leading enforcement at the border, in partnership with the Therapeutic Goods Administration (TGA).
From 1 January 2024, the importation of disposable vapes was banned, with limited exceptions. This was followed by a ban on the importation of all vapes, including rechargeables, without an import license and permit from 1 March 2024. These measures are designed to address the public health issues caused by vaping, particularly among young people.
The ABF and TGA are working together to seize and destroy any vaping goods imported without the relevant licenses and permits. This collaboration has made it easier to identify and disrupt the illicit supply of vapes and take effective enforcement action across all jurisdictions.
In addition to border controls, the Australian Government has introduced new laws that prohibit the sale of vapes in non-pharmacy settings, such as tobacconists, vape shops, and convenience stores. As of 1 July 2024, all vapes and vaping products, regardless of nicotine content, can only be sold in pharmacies to help individuals quit smoking or manage nicotine dependence.
Furthermore, there is a ban on the advertising and promotion of vapes across all media platforms, including social media. These stricter border controls and regulatory changes aim to protect the health of the community, especially young people, from the harms of vaping and nicotine dependence.
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Flavours limited to mint, menthol, tobacco
Australia has implemented a series of laws and regulations to address the significant public health issues caused by vaping, particularly among young people. As of 1 July 2024, new laws state that all vapes and vaping products, regardless of nicotine content, can only be sold in pharmacies to help individuals quit smoking or manage nicotine dependence. Non-pharmacy retailers such as vape shops and convenience stores are prohibited from selling any type of vape.
In addition to sales restrictions, Australia has also imposed strict flavour limitations on vapes. Flavours for therapeutic vapes, which are available from pharmacies, are restricted to mint, menthol, and tobacco. This restriction is part of a broader effort to reduce the harms associated with vaping, especially for young people.
The Australian Government has also taken steps to address the illegal supply of vapes. The Therapeutic Goods Administration (TGA) has implemented tighter border controls, banning the importation of disposable vapes without a license or permit. These measures aim to reduce the availability of vapes and make it easier to identify and disrupt the illicit supply chain.
While these laws primarily focus on restricting access to vapes, the government has also introduced support services to help individuals quit vaping or smoking. The Quitline service provides counselling and resources to support individuals in quitting, and extra funding has been allocated to meet the needs of younger people and make quitting more accessible.
It is important to note that while these laws aim to protect public health, particularly vulnerable populations, some states and territories have introduced their own legislation that differs from federal vaping laws. For example, Tasmania and Western Australia have implemented separate regulations.
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State laws vary
From 1 October 2024, people aged 18 and over can buy vapes from participating pharmacies with a nicotine concentration of 20 mg/ml or less without a prescription, where state and territory laws allow. However, they must talk with the pharmacist before purchasing and can only purchase one month's supply over the course of a month.
Individuals who need vapes with a concentration of nicotine higher than 20 mg/ml will need a prescription from a medical or nurse practitioner, regardless of their age.
It is generally illegal to vape in places where tobacco smoking is banned. Smoke-free laws can differ by state or territory.
The National Tobacco Strategy 2023-2030 has been developed with input from stakeholders, experts, non-government organisations, and the public, and is endorsed by all Australian governments. The strategy includes priorities for e-cigarette control in Australia.
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Frequently asked questions
No, vaping is not banned in Australia, but laws have been introduced to restrict the sale and use of vapes. From 1 July 2024, all vapes and vaping products, regardless of nicotine content, can only be sold in pharmacies to help people quit smoking or manage nicotine dependence.
The new laws include:
- A ban on the sale of vapes outside of pharmacies.
- A ban on the advertising and promotion of vapes.
- A ban on the importation of disposable vapes.
- Stricter requirements for the importation of rechargeable vapes.
- Restrictions on the flavours of therapeutic vapes to mint, menthol, and tobacco.
- The need for a prescription from a medical or nurse practitioner to purchase vapes containing nicotine or zero-nicotine substances.
The Australian Government is introducing these laws to address the significant public health issues caused by vaping, particularly among young people, and to reduce the harms associated with vaping and nicotine dependence.
