Lyla Lindsey
Australia has implemented new laws regarding the sale of vapes, with the original legislation coming into effect on 1 July 2024. As of this date, vapes are only available for purchase from pharmacies, with adults requiring a prescription from a GP to buy a therapeutic vape. From 1 October 2024, adults will no longer need a prescription, but will have to present ID proving they are 18 or older. This change in legislation aims to restrict youth access to vapes and reduce the harms of vaping among young people. The amended legislation also specifies that possession of personal use quantities of vapes will not result in criminal charges, with a personal amount defined as nine vapes of any type. While the new laws have been enforced by federal authorities, there is ongoing discussion about the effectiveness of enforcement and the potential impact on the illicit vape market.
| Characteristics | Values |
|---|---|
| Date of ban | 1 July 2024 |
| Availability | Pharmacies only |
| Prescription required | Yes, for adults until October 2024; after that, only children will need a prescription |
| ID required | Yes, proof of being 18 or older |
| Packaging | Plain, medical packaging; flavours restricted to tobacco, menthol and mint |
| Enforcement | Australian federal police, Australian Border Force, Therapeutic Goods Administration, state and territory health and police authorities |
| Possession limit | 9 vapes |
| Possession amnesty period | 8 months |
| Fines for retailers selling vapes illegally | Up to $2.2 million |
| Jail time for retailers selling vapes illegally | Up to 7 years |
| Future plans | The Coalition plans to introduce a vape tax and allow vapes to be sold at retail stores |
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What You'll Learn
Vapes will only be sold in pharmacies
Australia has become the first country to restrict the sale of vapes to pharmacies, with new laws coming into effect in July 2024. The original legislation, proposed by the Albanese government, would have required people to present a prescription from a GP or nurse practitioner to purchase vapes from a pharmacy. However, due to a deal with the Greens, the prescription model was abandoned, and now adults can purchase vapes directly from a pharmacist without a prescription. This change has given pharmacists more time to prepare for the new legislation.
From July 2024, vapes will only be available behind the counter at pharmacies, and the domestic manufacture, supply, commercial possession, and advertisement of disposable and non-therapeutic vapes are banned. This means that other retailers, such as smoke shops or petrol stations, will not be able to legally sell vapes. The nicotine concentrations and dispensing quantities will be tightly controlled, and flavours will be restricted to tobacco, menthol, and mint.
To purchase a vape from a pharmacy, individuals must present ID proving they are 18 or older. While data on vape purchases will not be recorded, pharmacists will need to counsel those they approve for vapes, and this cannot be delegated to a pharmacist assistant. The details of this counselling are unclear, and there is a lack of clarity on how pharmacists will assess whether to approve adults for vapes.
The amended legislation also specifies that possession of personal use quantities of any form of vape will not lead to criminal charges. A personal amount has been set at nine vapes of any type, regardless of their source. There will be an eight-month amnesty period for personal possession. Retailers and those found illegally importing vapes for sale still face heavy fines of up to $2.2 million and up to seven years in jail time.
The new laws aim to end easy access to harmful vapes and prevent a generation of Australians from becoming addicted. The government has also emphasized the importance of tackling organized crime and rendering the vape black market obsolete.
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Prescription requirements
Australia has recently changed its legislation regarding the sale of vapes. As of October 2024, vapes are available in pharmacies without a prescription, although not all states and pharmacists are on board with the new legislation.
Previously, the Albanese government had pushed for a prescription model, which would have meant vapes were only available at pharmacies with a prescription from a GP or nurse practitioner. This proposal was backed by numerous public health organisations, peak doctor groups, and groups across social work and education. However, this legislation was amended after opposition from the Greens party, who wanted to avoid a prohibition model while still preventing children from accessing vapes.
Under the new legislation, vapes can be sold without a prescription in pharmacies to those over 18 years of age. However, a prescription is still required for those under 18, and for vapes with a nicotine concentration of greater than 20 mg/mL. Additionally, therapeutic vapes for smoking cessation or nicotine dependence can only be sold at participating pharmacies, and pharmacists can only supply a vaping device if they are satisfied it will be used for smoking cessation or nicotine dependence.
While the new legislation has made it easier for adults to access vapes, some have raised concerns about patient safety and the lack of consultation with the Pharmacy Guild of Australia. Despite these concerns, the amended legislation is expected to have a significant impact on reducing the availability of vapes to young people.
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Flavours and packaging restrictions
Australia has implemented significant restrictions on the flavours and packaging of vapes. As of July 2024, the sale of vapes outside pharmacies has been banned across the country, with new laws limiting the availability of vapes to behind the counter at pharmacies. This restriction on retail sales is aimed at preventing easy access to harmful vapes, particularly among the younger generation.
The domestic manufacture, supply, commercial possession, and advertisement of disposable and non-therapeutic vapes are now prohibited under the reforms. Vapes sold in pharmacies will adhere to plain, medical packaging, and nicotine concentration levels will be regulated. The packaging will be plain and standardised, with no branding or promotional elements. The nicotine concentrations and dispensing quantities will be tightly controlled, and flavours will be restricted to tobacco, menthol, and mint.
From July 2024 to October 2024, adults seeking a therapeutic vape will need a prescription from their GP to purchase one. After this transition period, only individuals under 18 will require a prescription, while adults will be able to purchase vapes directly from pharmacists without a prescription. This change was made to give pharmacists time to prepare for the new legislation, which initially intended to follow a prescription model.
The Australian government's approach to restricting vape flavours and packaging aims to curb the surge in youth vaping and prevent another generation from becoming addicted to these products. These measures are part of broader efforts to regulate the vaping market and protect public health, with support from various health and social work organisations. However, there are also plans to introduce a vape tax and allow vapes to be sold in retail stores from May 2025, which has sparked debate among policymakers.
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Enforcement of the ban
The enforcement of Australia's vape ban laws will be carried out by federal authorities, including the Australian Federal Police, the Australian Border Force, and the Therapeutic Goods Administration. State and territory health and police authorities will also play a role in ensuring compliance with the new regulations. New South Wales has dedicated over $25 million to tobacco and e-cigarette control, including the authorization of more than 50 staff inspectors across the state.
The amended legislation makes it clear that possessing a personal use quantity of vapes will not result in criminal charges. A personal amount has been defined as nine vapes of any type, regardless of their source. There will be an eight-month amnesty period for personal possession. However, retailers and those caught illegally importing vapes for sale continue to face severe penalties, including hefty fines of up to $2.2 million and potential jail time of up to seven years.
To address the illicit supply of vapes, laboratory testing to detect nicotine content will no longer be required, simplifying the process of taking action against illegal vape sales. The federal and state governments are committed to increasing compliance actions, and all states and territories support the federal reforms.
While the original prescription model has been abandoned, pharmacists will still play a crucial role in the enforcement of the ban. From October onwards, adults seeking vapes will need to present ID proving they are 18 or older to purchase vapes from a pharmacist. Pharmacists will also be responsible for counselling individuals they approve for vapes, although the specifics of this counselling remain unclear.
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The future of the ban
Australia has implemented a ban on the sale of vapes outside pharmacies, with new laws coming into effect as of July 2024. This ban restricts the sale of vapes to adults over the age of 18 and requires retailers to comply with plain packaging and flavour restrictions. However, there are indications that this may change in the future.
Initially, the Albanese government proposed more stringent regulations, including making vapes available only through prescription from a GP or nurse practitioner. However, these proposed rules were amended after negotiations with the Greens, resulting in a compromise that removed the prescription requirement.
The amended legislation also includes an eight-month amnesty period for personal possession of vapes and specifies that possessing a personal use quantity of any form of vape will not result in criminal charges. This amount has been set at nine vapes of any type, regardless of their source.
Looking ahead, there are suggestions that the ban may evolve further. In May 2025, the Coalition confirmed its intention to introduce a vape tax and allow the sale of vapes in retail stores. This decision was justified as a strategy to tackle organised crime and render the vape black market obsolete, with the expectation that higher prices would deter young Australians from taking up vaping. The Coalition also emphasised the potential for significant budget revenue from this tax. However, these plans have faced criticism, with concerns raised about normalising vaping and the potential impact on public health.
While the future of the vape ban in Australia remains uncertain, the current restrictions represent a significant shift in the regulation of vaping products, aiming to balance public health concerns with the need for effective enforcement and the protection of younger generations from the harms of vaping.
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Frequently asked questions
Australia has already banned the sale of vapes outside pharmacies, with the new laws coming into effect on 1 July 2024.
The ban restricts the sale of vapes to pharmacies and removes them from retail shelves. Adults will need a prescription from their GP to buy a therapeutic vape, but only until October 2024. After that, only children will need a prescription.
The aim of the ban is to prevent another generation of Australians from becoming addicted to vaping. It is also hoped that the ban will tackle organised crime and render the vape black market obsolete.
In May 2025, the Coalition confirmed that it would introduce a vape tax and allow vapes to be sold at retail stores.
