Leslie Massey
In Australia, vaping products are regulated as therapeutic goods. As such, they are only available for purchase in pharmacies to help individuals quit smoking or manage nicotine dependence. From 1 October 2024, individuals aged 18 and above can buy vapes without a prescription from participating pharmacies, provided they have a nicotine concentration of 20 mg/mL or less. However, minors under 18 years of age need a prescription to access vapes, along with individuals who require a higher nicotine concentration. These regulations aim to protect young people from the harms of vaping and nicotine dependence, ensuring they receive appropriate medical advice and supervision.
| Characteristics | Values |
|---|---|
| Can minors vape in Australia? | No, minors cannot vape in Australia. People under 18 years of age need a prescription to access vapes, and only then where state and territory laws allow. |
| Who can buy vapes in Australia? | From 1 October 2024, people 18 years and older 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. |
| Where can vapes be purchased in Australia? | Vapes can only be purchased in pharmacies to help people quit smoking or manage nicotine dependence. It is illegal for retailers such as tobacconists, vape shops, and convenience stores to sell any type of vape or vaping product. |
| Do the laws apply to all vapes? | No, cannabis vapes are subject to separate strict regulations. |
| Are there advertising restrictions? | Yes, the same bans that apply to tobacco advertising and sponsorship apply to vapes. There is a strengthened advertising framework that bans advertising of vapes except where specifically authorized. |
| Are there import restrictions? | Yes, there are restrictions on importing vapes into Australia. From 1 January 2024, the importation of disposable vapes was banned. From 1 March 2024, an import license and permit are required to import all types of vapes. |
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What You'll Learn
Vaping laws to protect minors
In Australia, vaping laws have been strengthened in recent years to protect minors from the harms of vaping and nicotine dependence. The Australian Government has implemented a range of measures to restrict the accessibility and appeal of vaping products to young people.
As of July 1, 2024, all vapes and vaping products, regardless of nicotine content, can only be sold in pharmacies for smoking cessation or nicotine management purposes. This move aims to reduce the availability of vaping products to minors by prohibiting their sale in tobacconists, vape shops, and convenience stores. From October 1, 2024, individuals over 18 years old can purchase vapes without a prescription from participating pharmacies, with certain nicotine concentration limits. However, minors under 18 years of age still require a prescription to access vapes, ensuring they receive appropriate medical advice and supervision.
The Therapeutic Goods Administration (TGA) has played a pivotal role in implementing these reforms, which include stricter controls on the importation, manufacture, and supply of vapes. The TGA's strengthened advertising framework for vapes bans their promotion across all media platforms, including social media. This comprehensive approach helps prevent minors from being exposed to vaping advertisements.
Furthermore, the Public Health (Tobacco and Other Products) Act 2023, which came into force on April 1, 2024, applies tobacco advertising and sponsorship bans to vapes. This legislation ensures that vaping products receive similar regulatory treatment as tobacco products, reducing the potential for minors to be influenced by vape advertising.
The Australian Government's focus on protecting young people is evident in these legislative changes. By restricting the availability and marketing of vaping products, the government aims to safeguard minors from the potential harms associated with vaping and nicotine addiction. These laws are designed to strike a balance between supporting adults who use vaping as a smoking cessation tool and protecting minors from the potential negative consequences of vaping.
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Vape sales restricted to pharmacies
As of July 2024, Australia has implemented a ban on the sale of vapes outside of pharmacies. This means that only pharmacies are legally allowed to sell vapes, and retailers such as tobacconists, vape shops, and convenience stores are prohibited from selling any type of vape or vape product. The Australian government's intention with this legislation is to protect young people from the harmful effects of vaping and nicotine dependence.
From July 1st to September 30th, 2024, anyone wishing to purchase a vape needed a prescription from a doctor or nurse practitioner. However, as of October 1st, 2024, people aged 18 and over can buy vapes without a prescription from participating pharmacies, with a nicotine concentration of 20 mg/mL or less. This change was made to give pharmacists enough time to prepare for the last-minute legislative change. It is important to note that individuals under the age of 18 will still need a prescription to access vapes, where state and territory laws allow it, to ensure they receive appropriate medical advice and supervision.
The new laws also place restrictions on the domestic manufacture, supply, commercial possession, and advertisement of disposable and non-therapeutic vapes. Vapes will only be available behind the counter at pharmacies, and the nicotine concentrations and dispensing quantities will be tightly controlled. Additionally, e-cigarette packaging and flavours will be restricted, with only tobacco, menthol, and mint flavours permitted.
The enforcement of these laws will be carried out by federal authorities, including the Australian Federal Police, the Australian Border Force, and the Therapeutic Goods Administration, in collaboration with state and territory health and police authorities. This unified effort across all states and territories aims to effectively regulate the sale and use of vapes in Australia, particularly among minors.
While not all states and pharmacists are on board with the new legislation, the Australian government maintains that these laws are crucial for protecting young people from the dangers of vaping and nicotine addiction.
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Minors need a prescription to vape
The Australian Government has implemented various laws and regulations to control the use and supply of vapes, particularly among minors. One of the key measures is the restriction on the sale of vapes to individuals under the age of 18. As of 1 October 2024, people aged 18 and above can purchase vapes from participating pharmacies without a prescription, provided the nicotine concentration is 20 mg/mL or less. However, minors under the age of 18 need a prescription to access vapes, as stipulated by state and territory laws. This requirement ensures that minors receive appropriate medical advice and supervision when using these products.
The Therapeutic Goods Administration (TGA) has played a pivotal role in driving reforms and strengthening regulations around vaping in Australia. In May 2023, the Australian Government announced plans to reform the regulation of vaping products, with the TGA leading the development of these reforms. The new regulations aim to control the importation, manufacture, supply, and advertising of vapes, with a particular focus on disposable and non-therapeutic options. The Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Act 2024, which came into force on 1 July 2024, prohibits the importation, domestic manufacture, supply, commercial possession, and advertisement of disposable single-use and non-therapeutic vapes.
The Australian Government's comprehensive approach to vaping regulations extends beyond supply and importation. The same stringent advertising restrictions that apply to tobacco products are now imposed on vapes. This includes a ban on advertising across all media platforms, including social media, as well as other forms of promotion and sponsorship. The government has also addressed the concerns of illegal vape supply, allowing individuals to report such activities through the TGA website. These measures reflect the government's commitment to protecting young people from the harmful effects of vaping and nicotine dependence.
While the laws primarily target commercial and criminal supply, individuals under 18 who possess a small amount of vapes for personal use will not be targeted under the law. The government has also expressed that it will not seek to criminalise people for possessing small amounts of vapes without a prescription for personal use. This decision is based on the understanding that criminalising substances can cause harm, especially to vulnerable populations, and that decriminalisation can help reduce these adverse effects. Nonetheless, the government continues to emphasise the importance of safe and regulated use, with vapes only available at pharmacies to aid smoking cessation or manage nicotine dependence.
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Bans on vape advertising
The same bans that apply to tobacco advertising and sponsorship also apply to vapes. It is illegal to publish or broadcast messages that encourage people to smoke or vape or advertise tobacco products or e-cigarettes. The advertising of vaping goods, including e-cigarette products, is also prohibited under the Therapeutic Goods Act 1989, as amended by the Therapeutic Goods and Other Legislation (Vaping Reforms) Act 2024.
The Therapeutic Goods Administration (TGA) has implemented changes to the regulation of vapes, including a strengthened advertising framework. This framework bans the advertising of vapes, except where specifically authorized. The ban covers all forms of advertising and promotion, and organizations responsible for enforcement have been given greater powers to investigate non-compliance and seize unlawful goods.
The Australian Government has stated that the primary focus of its reforms to e-cigarette regulation is to protect young people from the harms of vaping and nicotine dependence. The law targets the commercial and criminal supply of vapes, while individuals under 18 who possess a small amount for personal use will not be targeted. From 1 October 2024, people 18 years and older can buy vapes from pharmacies with a nicotine concentration of 20 mg/mL or less without a prescription, but they must talk to a pharmacist. People under 18 need a prescription to access vapes to ensure they receive appropriate medical advice and supervision.
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Vape importation, manufacture, and supply
The Australian Government has implemented a series of laws and regulations to control the importation, manufacture, and supply of vaping products. These laws aim to protect young people from the harms of vaping and nicotine dependence.
Vape Importation
From 1 January 2024, the importation of disposable vapes into Australia was prohibited unless the importer holds a valid licence and permit issued by the Office of Drug Control (ODC) under the PI Regulations. From 1 March 2024, the import of other vaping goods, including devices, accessories, and substances, will also require a licence and permit from the ODC. Only businesses are eligible to obtain these import licences and permits, and they must meet specific criteria to be granted permission to import vaping goods into Australia. 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) complying with the requirements under the Therapeutic Goods Act 1989.
Vape Manufacture
In Australia, there are several manufacturers that produce vaping devices and related products. The market includes large international companies like BAE, which offers cutting-edge technology and customization services, as well as homegrown Australian brands such as VaporTech and Vape King. BAE, established in Sydney in 2013, is known for its innovative technology and strong manufacturing capabilities, offering customization of logos, styles, and flavors. Other manufacturers in the Australian market include Vapouriz, known for their easy-to-use disposable vapes, and companies that provide bulk vape solutions for corporate buyers.
Vape Supply
As of 1 July 2024, new laws were implemented stating 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. It is illegal for businesses such as tobacconists, vape shops, and convenience stores to sell any type of vape or vape product. From 1 October 2024, individuals aged 18 and above can purchase vapes from participating pharmacies with a nicotine concentration of 20 mg/mL or less without a prescription, provided by state and territory laws. They must consult with the pharmacist before purchasing and can only buy one month's supply in a month. Minors under 18 years of age need a prescription to access vapes, where state and territory laws allow, to ensure they receive appropriate medical advice and supervision.
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Frequently asked questions
Yes, vaping is illegal for minors in Australia. People under 18 years of age need a prescription to access vapes, where state and territory laws allow it.
In Australia, vapes can only be purchased at pharmacies to help people quit smoking or manage nicotine dependence. It is illegal for retailers, such as tobacconists, vape shops, and convenience stores to sell any type of vape.
From 1 October 2024, people 18 years and older 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. People under 18 years of age and those who need vapes with a higher concentration of nicotine will need a prescription.
The same bans that apply to tobacco advertising and sponsorship also apply to vapes. There is a strengthened advertising framework in place that bans the advertising of vapes except where specifically authorized. The ban covers all media platforms, including social media.
The importation of all vapes, including rechargeables, without an import license and permit is banned in Australia. There are also specific product requirements for vapes imported with a license or permit, such as flavor limitations.
