Lyla Lindsey
In Australia, it is illegal to sell or supply vape products to anyone under the age of 18. The Tobacco and E-Cigarette Products Act 1997 (SA) prohibits the sale or supply of vape products to minors, with penalties for retailers who break the law. While it is not illegal for young people under 18 to use vapes, there are laws in place to restrict their access to these products. Teachers and police officers are authorised to confiscate vape products from minors, even outside of school grounds. From 1 October 2024, adults over 18 can purchase vapes from pharmacies without a prescription, but they must first consult with the pharmacist. These laws aim to protect young people from the harms of vaping and nicotine dependence, while also reducing the accessibility of vape products to teens.
| Characteristics | Values |
|---|---|
| Legality of vaping for under 18s in Australia | Vaping is not illegal for under 18s in Australia. However, there are laws that limit young people's access to vaping products. |
| Legality of selling/supplying vaping products to under 18s | It is illegal to sell or supply vaping products to under 18s in Australia. |
| Penalties for selling/supplying vaping products to under 18s | Penalties vary across states and territories. For example, in South Australia, the maximum penalty for a first offence is a $20,000 fine, while in New South Wales, it is an $11,000 fine. |
| Legality of importing vaping products without a prescription | Importing vaping products without a valid prescription from an Australian doctor is illegal. |
| Legality of vaping in public places | Vaping is prohibited in enclosed public places, workplaces, shared areas, and within 5 meters of public transport areas. It is also illegal to vape in a car if there is someone under 16 years old present. |
| Confiscation of vaping products from under 18s | Teachers and police can confiscate and destroy vaping products from individuals under 18, even if they are not on school grounds. |
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What You'll Learn
Vape sales to under-18s are illegal
In Australia, it is illegal to sell or supply vape products to anyone under the age of 18. The Tobacco and E-Cigarette Products Act 1997 (SA) prohibits the sale or supply of vape products to minors, with penalties for those who break the law. Similar laws exist in other Australian states and territories, such as the Tobacco Control Act 2002 (NT) in the Northern Territory.
The Australian government has implemented these laws to protect young people from the harms of vaping and nicotine dependence. Vaping is a relatively new phenomenon, and there are concerns about its potential health risks, especially for young people. By restricting sales to adults, the government aims to reduce the accessibility of vape products to minors and prevent underage vaping.
Under the current laws, retailers are prohibited from selling or supplying any type of vape product, including e-cigarettes and accessories, to anyone under 18 years old. This applies to both online and physical stores. The law also prohibits the sale or supply of nicotine pouches and any other tobacco products, such as cigars and snuff, to minors. Additionally, it is illegal for individuals to purchase vape products on behalf of those under 18.
To further protect young people, teachers and police officers in schools have the authority to confiscate and destroy any vape products, cigarettes, or tobacco found in the possession of students under 18. This measure ensures that even if minors obtain vape products illegally, they can be removed from their possession within school premises.
While the laws primarily focus on restricting sales to minors, it's important to note that as of October 1, 2024, adults over 18 years old in Australia can purchase vapes from participating pharmacies without a prescription, provided the nicotine concentration is 20 mg/mL or less. However, a prescription is still required for those under 18 to access vapes, and they must also receive appropriate medical advice and supervision.
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Under-18s can be prescribed vapes
In Australia, it is illegal to sell or supply vape products to anyone under the age of 18. This includes any products that are designed to be smoked, even if they do not actually contain tobacco. The maximum penalty for a first offence is an $11,000 fine for an individual and a $55,000 fine for a corporation. For a second or subsequent offence, the fine increases to $55,000 for an individual and $110,000 for a corporation.
It is also illegal for someone under 18 to purchase a vape product. If caught, police and teachers are authorised to confiscate and destroy the product without providing any compensation. However, under-18s can be prescribed vapes in certain jurisdictions.
In South Australia, it is illegal to sell or supply a vape product to a person under 18, even with a prescription. This is outlined in the Tobacco and E-Cigarette Products Act 1997 (SA). However, other states have different laws. For example, Tasmania and Western Australia have introduced their own legislation, which allows people under 18 to access therapeutic vapes with a prescription.
As of October 1, 2024, people over 18 in Australia can purchase vapes from pharmacies without a prescription, provided the nicotine concentration is 20 mg/mL or less. A prescription is still required for those under 18 or for those who require a higher nicotine concentration. This ensures that minors receive appropriate medical advice and supervision when accessing vape products.
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Vapes are banned in public spaces
In Australia, it is illegal to sell or supply vape products to anyone under the age of 18. The Tobacco and E-Cigarette Products Act 1997 (SA) prohibits the sale or supply of vape products to minors, with penalties for retailers who break this law. These penalties vary depending on the jurisdiction and whether it is a first or subsequent offence. For example, in South Australia, a first offence can result in a fine of up to $20,000, while a second offence can lead to a fine of up to $40,000. In New South Wales, the maximum penalty for an individual's first offence is an $11,000 fine, while a corporation faces a $55,000 fine.
While it is not illegal for minors under 18 to use vapes, there are laws in place to restrict their access to these products. Police and teachers are authorised to confiscate and destroy any cigarettes, tobacco, or vape products from individuals under 18, even if they are not on school grounds.
In terms of vaping in public spaces, it is illegal to vape in enclosed public places, workplaces, shared areas, and within 5 metres of public transport areas such as bus stops, train stations, and airports. It is also illegal to vape in a car if there is someone under the age of 16 present. These laws are in place to protect the public, especially young people, from the harmful effects of vaping and second-hand vapour.
To further restrict access to vapes and protect youth, the Australian Government implemented new laws in 2024. From 1 July 2024, only pharmacies could sell vapes and vaping products, and as of 1 October 2024, individuals over 18 can purchase vapes with a nicotine concentration of 20 mg/mL or less without a prescription, where state laws allow.
While the laws on vaping continue to evolve in Australia, with some states like Tasmania and Western Australia introducing their own legislation, the overall trend is towards stricter regulation to protect public health and safety, especially for minors.
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Vape sales require a prescription
In Australia, the government has implemented laws to protect young people from the harms of vaping and nicotine dependence. From 1 October 2024, individuals aged 18 and above can purchase vapes without a prescription from participating pharmacies, with a nicotine concentration of 20 mg/mL or less. However, a prescription is required for individuals under 18 years of age to access vapes, where state and territory laws permit, ensuring they receive proper medical advice and supervision. This prescription requirement for minors aims to reduce the accessibility of vapes to teens and curb the growing black market for these products.
The laws regarding the prescription requirement for vapes vary across different states in Australia. For instance, Tasmania and Western Australia have introduced their own legislation, mandating that individuals over 18 years old must obtain a prescription from a medical practitioner to purchase pharmaceutical vapes. In South Australia, it is illegal to sell or supply vape products to anyone under 18, even with a prescription. Prior to 28 November 2024, minors in South Australia could obtain a prescription for vapes under an exemption, but this has since been repealed.
In the Northern Territory, it is illegal to sell, supply, or possess e-cigarettes or nicotine-containing liquids without a doctor's prescription. Using or possessing nicotine vaping liquid without a prescription can result in a maximum penalty of a $15,700 fine or 12 months imprisonment. Similarly, in South Australia, under the Controlled Substances Act 1984 (SA), it is illegal to possess or use nicotine vaping liquid without a prescription, with a maximum penalty of $10,000.
It is important to note that while some states have stricter laws requiring prescriptions for all ages, the general federal law allows adults over 18 to purchase vapes without a prescription from pharmacies, following a consultation with the pharmacist. This consultation ensures that vaping is an appropriate treatment option for the individual.
The Australian government is taking measures to regulate the importation, manufacture, and supply of vapes. It is illegal for consumers to import vaping products without a valid prescription from an Australian doctor. The Australian Border Force has the authority to intercept packages containing nicotine vapes, pods, or liquid nicotine, and any imports without a prescription are considered unlawful and may be seized.
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Vape sales are pharmacy-only
In Australia, the government has implemented new laws to protect young people from the harms of vaping and nicotine dependence. From 1 July 2024, vapes and vaping products can only be sold in pharmacies, regardless of nicotine content. This means that it is illegal for any other business, such as vape shops and convenience stores, to sell any type of vape product.
From 1 October 2024, adults over 18 years old can purchase vapes from participating pharmacies without a prescription, where state laws allow. These vapes have a nicotine concentration of 20 mg/mL or less. Before purchasing, customers must consult with the pharmacist, who will ensure that vaping is an appropriate treatment option. This consultation includes discussing the customer's smoking history and any previous attempts to quit. Pharmacies are only permitted to sell one month's supply to each customer over a one-month period.
For those under 18 years of age, a prescription is required to access vapes, where state laws allow. This ensures that minors receive appropriate medical advice and supervision. In some jurisdictions, such as Tasmania and Western Australia, people over 18 also require a prescription from a medical practitioner to purchase a vape.
The new laws aim to reduce the accessibility of vapes to teenagers and stop the growing black market for these products. There are now strong controls on the importation, manufacture, and supply of vapes. It is also illegal to import vaping products without a valid prescription from an Australian doctor.
In addition to the above, it is worth noting that vaping is prohibited in many public places, including enclosed areas, workplaces, shared spaces, and near public transport stops.
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Frequently asked questions
Yes, it is illegal to vape under the age of 18 in Australia.
Police and teachers can confiscate and destroy any vape products from those under 18, even if off school grounds.
In South Australia, the maximum penalty for a first offence is a $20,000 fine, and for a second offence, this increases to $40,000. In New South Wales, the maximum penalty for a first offence is $55,000 and $110,000 for a second offence.
Since October 1, 2024, people over 18 can buy vapes with a nicotine concentration of 20 mg/ml or less without a prescription, from participating pharmacies. However, this varies by state, with Tasmania and Western Australia introducing their own legislation.
It is illegal to vape in enclosed public places, workplaces, shared areas, and public transport areas. It is also illegal to vape in a car if there is someone under 16 years old in the vehicle.
