Lyla Lindsey
Vaping and e-cigarette usage have been on the rise in South Australia, especially among the youth. This has led to growing concerns about the health risks associated with vaping, including nicotine poisoning and chemical inhalation. In response, the South Australian government has implemented several laws and regulations to curb vaping, particularly among minors. As of 2024, new laws have been introduced that restrict the sale of vapes to pharmacies and prohibit their import, with penalties for non-compliance. With these measures, South Australia aims to reduce the health and economic impacts of vaping and tobacco use in the state.
| Characteristics | Values |
|---|---|
| Vaping legality in South Australia | Not illegal but regulated |
| Regulating authority | Consumer and Business Services (CBS) |
| Regulating laws | Tobacco and E-Cigarette Products Act 1997 (SA) |
| Prescription requirement | Required for people under 18 years of age; not required for people 18 years and older with a nicotine concentration of 20 mg/mL or less |
| Authorized sellers | Pharmacies |
| Possession for sale | Illegal to possess a quantity of vape products equal to or exceeding 2 or more vapes, 60 mL or more of liquid, or 4 or more vape products |
| Sale to minors | Illegal |
| Advertising | Subject to tobacco advertising bans |
| Smoke-free areas | Vaping is prohibited in smoke-free public areas, with a five-metre buffer zone around these areas |
| Importation restrictions | Disposable e-cigarettes cannot be imported into Australia |
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What You'll Learn
Vaping laws in South Australia
As of 1 July 2024, the sale of vapes and vaping products in South Australia is restricted to pharmacies. This includes all types of vapes, regardless of whether they contain nicotine or not. The purpose of this restriction is to ensure that vapes are only accessible for smoking cessation or nicotine dependence management. From 1 October 2024, individuals aged 18 and above can purchase vapes with a nicotine concentration of 20 mg/mL or less from participating pharmacies without a prescription. However, they must consult with the pharmacist before purchasing and are limited to one month's supply per month.
It is illegal for any other businesses, such as tobacconists, vape shops, or convenience stores, to sell vape products. Additionally, it is an offence to sell or supply vape products to anyone under the age of 18, even with a prescription. The possession of a quantity of vape products equal to or exceeding the prescribed quantity (two or more vapes, 60 mL or more of liquid, or four or more vape products) is presumed to be for the purpose of sale.
To further strengthen the vaping laws, the Tobacco and E-Cigarettes (E-Cigarettes and Other Reforms) Amendment Act 2024 was introduced. This Act amends the Tobacco and E-Cigarette Products Act 1997 to enhance controls, powers, and penalties related to the sale and supply of illegal tobacco and vape products. It also allows authorised officers to enforce illicit tobacco and vaping laws, expand smoke-free and vape-free areas, and create buffer zones around covered public transport areas, schools, childcare centres, hospitals, beaches, and shopping centres.
The South Australian Government has recognised the increasing popularity of vaping, especially among young people, and is committed to addressing this trend through preventive measures and education. The Government continues to crack down on the sale of illegal tobacco and vaping products, with increased funding for enforcement and the transfer of licensing and enforcement functions to Consumer and Business Services (CBS) as of 1 July 2024.
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Vaping restrictions for under-18s
In South Australia, it is illegal to sell or supply a vape product to anyone under the age of 18, even with a prescription. The Tobacco and E-Cigarette Products Act 1997 (SA) regulates tobacco and vape products in the state. From 28 November 2024, new penalties came into force, with expiation fees ranging from $315 to $630, and maximum fines of $5,000 for individuals and $10,000 for corporations.
The rate of secondary school students who have tried vaping more than doubled between 2017 and 2023, from 13.5% to 29.9%. In 2022-23, 12.9% of students aged 12-15 had vaped in the previous month, compared to 22.1% of 16-17-year-olds. This has led to a crackdown on the sale of illegal tobacco and vaping products, with increased funding for enforcement against criminal activity.
From 1 July 2024, licensing and enforcement functions for the sale and supply of tobacco and e-cigarettes were transferred to Consumer and Business Services (CBS), which now oversees offences relating to sales to minors, advertising, promotion, display, and packaging.
From 1 October 2024, people aged 18 and over no longer need a prescription to buy a nicotine vape. However, they can only be purchased from pharmacies, and a person may only buy one month's supply in a month. This is to ensure that people using vapes to quit smoking or manage nicotine dependence receive appropriate medical advice.
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Vaping in smoke-free areas
Vaping is a popular activity in South Australia, with a significant increase in the number of people using e-cigarettes between 2014 and 2023. However, the South Australian government has implemented several laws and regulations to control the use and sale of vaping products, particularly in smoke-free areas.
The Tobacco and E-Cigarette Products Act 1997 (SA) is the primary legislation regulating tobacco and vape products in South Australia. This Act makes it an offence to sell, supply, or possess vape products for sale without authorisation. The Act also prohibits the sale of vape products to anyone under 18 years of age, with penalties ranging from fines to closure orders for businesses.
To further strengthen the control of vaping products, the Tobacco and E-Cigarettes (E-Cigarettes and Other Reforms) Amendment Act 2024 was introduced. This Act amends the previous legislation to enhance controls, powers, and penalties related to the sale and supply of vapes. It also allows authorised officers to enforce illicit tobacco and vaping laws, expand smoke-free and vape-free areas, and create buffer zones around covered public transport areas, schools, childcare centres, hospitals, beaches, and shopping centres.
In addition to the above, the Australian Government has implemented measures to protect young people from the harms of vaping and nicotine dependence. As of July 1, 2024, all vapes and vaping products can only be sold in pharmacies to aid smoking cessation or manage nicotine dependence. From October 1, 2024, individuals aged 18 and above can purchase vapes from participating pharmacies without a prescription, provided they do not exceed the specified nicotine concentration and supply limits.
It is worth noting that the laws regarding vaping in South Australia are subject to change, and the information provided here may not be exhaustive. For the most up-to-date and accurate information, it is recommended to refer to the official websites of the South Australian government and Consumer and Business Services (CBS).
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Vaping product packaging
Vaping has been identified as a leading cause of preventable illness and death in South Australia, with a significant impact on the state's economy. As a result, the South Australian government has implemented several laws and regulations to control the sale, supply, and use of vaping products.
From 1 July 2024, vapes, or e-cigarettes, sold across Australia, regardless of nicotine content, may only be sold in pharmacies. This legislation aims to regulate the sale of vaping products and ensure that users receive appropriate advice and supervision.
The Tobacco and E-Cigarette Products Act 1997 (SA) and subsequent amendments regulate tobacco and vape products in South Australia. It is an offence under this Act to sell or supply vape products to anyone unless authorised by law. This includes selling or supplying vape products to minors (those under 18 years of age), even with a prescription. To counter illicit trade and ensure compliance, there are prescribed packaging requirements that must be adhered to under Commonwealth legislation.
Additionally, the importation of disposable vapes, both with and without nicotine, has been banned in Australia since January 1, 2024. From March 1, 2024, further requirements were introduced, including a ban on the importation of all vapes without an import licence and permit. These measures aim to control the influx of vaping products and ensure that only compliant and regulated products reach consumers.
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Vaping advertising restrictions
In South Australia, the sale and supply of tobacco and e-cigarettes are regulated by the Tobacco and E-Cigarette Products Act 1997 (SA). From 1 July 2024, licensing and enforcement functions for the sale and supply of these products were transferred to Consumer and Business Services (CBS). This includes oversight of offences relating to illicit products, sales to minors, advertising, promotion, display, and packaging.
The Tobacco and E-Cigarettes (E-Cigarettes and Other Reforms) Amendment Act 2024 has strengthened controls, powers, and penalties relating to the sale and supply of vapes and illegal tobacco products. It has also introduced a range of powers that authorised officers can use to enforce illicit tobacco and vaping laws in South Australia.
The Public Health (Tobacco and Other Products) Act 2023, which came into force on 1 April 2024, applies the same advertising bans to vapes as to tobacco products. This means that vaping advertisements are subject to the same restrictions as tobacco advertising and sponsorship.
The Australian Government is particularly concerned about the harms of vaping and nicotine dependence among young people. To address this, new laws were introduced on 1 July 2024, restricting the sale of all vapes and vaping products to pharmacies only, for the purpose of helping people quit smoking or manage nicotine dependence. It is illegal for any other business, such as tobacconists, vape shops, or convenience stores, to sell any type of vape or vape product. From 1 October 2024, individuals aged 18 and above could purchase vapes from participating pharmacies without a prescription, provided they did not exceed a nicotine concentration of 20 mg/mL.
In addition to these measures, South Australia has also launched advertising campaigns such as ''Clearing the Air' and 'Vape Truths' to educate young people and their parents about the risks associated with vaping. These campaigns utilise various platforms, including digital and social media, shopping centres, buses, and regional and metro radio.
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Frequently asked questions
No, but there are strict laws surrounding vaping in the state.
As of July 1, 2024, all vapes and vaping products can only be sold in pharmacies to help people quit smoking or manage nicotine dependence. From October 1, 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.
Penalties range from expiation fees of $315 to $630, to maximum fines of $5,000 for individuals and $10,000 for corporations.
The Australian Government wants to protect young people from the harms of vaping and nicotine dependence. Smoking-related diseases cause the deaths of 28 South Australians every week and the economic impact is estimated at $2.3 billion per year.
The same bans that apply to tobacco advertising and sponsorship also apply to vapes.
