Lexi Webster
As of 1 January 2024, it is illegal to import disposable vapes into Australia without a licence and permit issued by the Office of Drug Control (ODC). From 1 March 2024, similar restrictions were imposed on the import of other vaping goods, including devices, accessories, and substances. Travellers entering Australia can only bring a maximum of two disposable vapes, and from 1 March 2024, only a small quantity of other types of vapes. These laws were introduced to regulate the importation, manufacture, supply, and advertisement of vaping goods in Australia, with penalties for non-compliance including heavy fines and imprisonment.
| Characteristics | Values |
|---|---|
| Date of ban on disposable vapes | 1 January 2024 |
| Date of ban on other vaping goods | 1 March 2024 |
| Maximum number of disposable vapes travellers can bring into Australia | 2 |
| Maximum quantity of other vaping goods travellers can bring into Australia | Small quantity |
| Who can obtain import licences and permits for vaping goods | Businesses |
| Requirements for vaping goods to be imported with a licence or permit | Flavours limited to mint, menthol or tobacco |
| Date therapeutic vapes can be bought from pharmacies without a prescription | 1 October 2024 |
| Date the Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Act 2024 commenced | 1 July 2024 |
| Maximum penalty for illegal importation or supply of counterfeit or unapproved therapeutic goods | 5 years' imprisonment and/or a fine of $1,252,000 |
| Maximum penalty for possessing a commercial quantity of vapes | 7 years in jail and/or a fine of $2.191 million for an individual and $21.91 million for a corporation |
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What You'll Learn
Prescription requirements
Since 1 October 2021, nicotine vaping products are prescription-only medicines across all Australian states and territories. It is illegal to import, buy or sell vapes or e-liquids without a valid permit or prescription. Heavy penalties, including fines and imprisonment, apply to those who do not comply.
As of 1 January 2024, the import of disposable vapes is prohibited unless the importer holds a licence and permit issued by the Office of Drug Control (ODC) under the PI Regulations. Travellers entering Australia can only bring a maximum of two disposable vapes with them. From 1 March 2024, travellers entering Australia can only bring a small quantity of vapes, and these must be for the treatment of the traveller or someone they are caring for, who is entering Australia on the same aircraft or ship. From 1 July 2024, it became unlawful to import, manufacture, supply, or possess for commercial purposes any vapes that do not meet the requirements under the Therapeutic Goods Act 1989.
To obtain an import licence, the importer must have an Australian Business Number (ABN) and be registered for the Goods and Services Tax (GST). Only businesses will be eligible to obtain import licences and permits for vaping goods. A permit to import each specific type of vaping good is required. A vape is defined as a device (whether or not filled with a vape substance) that generates or releases using a heating element and by electronic means, an aerosol, vapour, or mist for direct inhalation by its user.
From 1 October 2024, therapeutic vapes can be bought from pharmacies by people over 18 without a prescription, although this is subject to state and territory laws and certain conditions.
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Heavy penalties for illegal importation
Since 1 October 2021, nicotine vaping products have been classified as prescription-only medicines in Australia. It is illegal to import, buy or sell vapes or e-liquids without a valid permit or prescription. Heavy penalties, including fines and imprisonment, apply to those who break these laws.
The Australian Border Force has the power to intercept packages of nicotine vapes, nicotine pods, and liquid nicotine. Any imports without a valid prescription or in excess of the prescribed amount may be assessed as unlawful under the Therapeutic Goods Act 1989 (Cth). These goods can be seized as prohibited imports under the Customs Act 1901 (Cth).
Importing, attempting to import, and possessing nicotine vaping products without a prescription are all classified as 'prohibited imports'. The maximum penalty for this offence is a $222,000 fine, as per section 50 of the Customs Act 1901 (Cth).
From 1 January 2024, the Australian Government banned the importation of disposable vapes, including those with and without nicotine. This ban also applies to individuals who ordered disposable vapes from overseas for therapeutic use. A limited exception applies to international travellers, who can carry a small quantity of vapes for their treatment or the treatment of someone travelling with them.
From 1 March 2024, the importation of all non-therapeutic vapes will be prohibited. Only businesses will be eligible to obtain import licences and permits for vaping goods.
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Importation of disposable vapes
As of 1 January 2024, the Australian Government has banned the importation of disposable vapes, including those with and without nicotine. Disposable vapes are e-cigarette devices that cannot be recharged or reused. They are fully assembled and fixed permanently, and they are not designed to be disassembled or refilled.
From 1 March 2024, further restrictions were introduced, including a ban on importing all types of vapes, including rechargeable ones, without an import licence and permit. To obtain an import licence, an importer must have an Australian Business Number (ABN) and be registered for the Goods and Services Tax (GST). Only businesses are eligible to obtain import licences and permits for vaping goods.
The Therapeutic Goods Administration (TGA) maintains a list of vapes that have been notified as complying with applicable standards for supply in Australia. A sponsor notice must be submitted before importing a therapeutic vape into the country, and the vape must comply with the import clearance requirements outlined on the Australian Border Force (ABF) website.
It is important to note that heavy penalties, including fines and imprisonment, apply to the illegal importation or supply of counterfeit or unapproved therapeutic goods, including vapes. These penalties can be up to five years' imprisonment and/or a fine of $1,252,000. From 1 July 2024, the maximum penalties will increase to up to 7 years in jail per offence and/or up to $2.191 million per contravention for an individual and $21.91 million per contravention for a corporation.
Limited exceptions to the ban apply to international travellers entering Australia. From 1 January 2024, travellers can bring a maximum of two disposable vapes with them, and from 1 March 2024, they can only bring a small quantity of vapes for their treatment or the treatment of someone travelling with them.
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Import requirements for businesses
As of 1 July 2024, the Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Act 2024 introduced a consistent framework to regulate the importation, manufacture, supply, commercial possession, and advertisement of all vapes in Australia.
- A business must obtain an import licence and permit to import vaping goods into Australia. Only businesses are eligible to obtain these licences and permits.
- To obtain an import licence, the business must have an Australian Business Number (ABN) and be registered for the Goods and Services Tax (GST).
- The business must hold any relevant licences or approvals required under state and territory laws for supplying vapes, including nicotine products.
- A separate permit is required for each type of vape, i.e., vaping devices, vaping accessories, and vaping substances.
- Before an import permit can be granted, the vaping good must be included in the Australian Register of Therapeutic Goods (ARTG), or a notice must be given to the Therapeutic Goods Administration (TGA) declaring that the vapes comply with relevant product standards.
- A sponsor notice must be submitted to the TGA Business Services before importing a therapeutic vape into Australia. Therapeutic vapes must comply with applicable standards and be indicated for smoking cessation or the management of nicotine dependence.
- From 1 March 2024, specific product requirements were introduced for imported vapes, such as limiting flavours to mint, menthol, or tobacco.
- Businesses must also comply with the transport, storage, and disposal requirements for vaping goods.
- Stringent penalties, including fines and imprisonment, may be imposed for the illegal importation or supply of unapproved therapeutic goods, including vapes.
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Therapeutic vapes
Since 1 October 2021, nicotine vaping products have been classified as prescription-only medicines across all Australian states and territories. It is illegal to import, purchase or sell vapes or e-liquids without a valid permit or prescription.
As of 1 January 2024, the import of disposable vapes into Australia has been banned, including vapes with and without nicotine. From 1 March 2024, further requirements were introduced, including a ban on the importation of all vapes, including rechargeables, without an import licence and permit. Travellers entering Australia can only bring a small quantity of vapes with them, and these must be for personal medical use or for someone they are caring for.
Under the pharmacist model, patients aged 18 or over may access therapeutic vapes with a nicotine concentration of 20mg/ml or less without a prescription. Under the prescription model, patients require a prescription from a medical or nurse practitioner for a pharmacy to dispense a therapeutic vape. Therapeutic vapes containing more than 20mg/ml of nicotine cannot be sold without a prescription.
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Frequently asked questions
Yes, as of 1 January 2024, it is illegal to import disposable vapes into Australia without a licence and permit from the Office of Drug Control (ODC). From 1 March 2024, a licence and permit will also be required to import other vaping goods, including devices, accessories, and substances. Only businesses are eligible for these licences and permits.
Stringent penalties apply to the illegal importation of vapes in Australia, with fines of up to $222,000 and/or imprisonment of up to five years.
Travellers entering Australia can bring a maximum of two disposable vapes from 1 January 2024. From 1 March 2024, travellers can bring a small quantity of vapes for personal treatment or for someone under their care.
Yes, vapes that contain controlled substances, such as cannabis oil, are subject to the traveller's exemption and different requirements. Additionally, therapeutic vapes can be imported with a prescription from an Australian doctor.
