The Laws
From January 1, 2024: the Australian Government banned the importation of disposable vapes into Australia.
-
this includes vapes with and without nicotine. Disposable vapes are e-cigarette devices that can’t be recharged, or reused.
-
From March 1, 2024: more requirements were introduced including:
-
a ban on the importation of all vapes, including rechargeables, without an import licence and permit
-
specific product requirements for vapes imported with a licence or permit, such as flavours limited to mint, menthol or tobacco.
-
From October 1, 2024: therapeutic vapes can now be bought from pharmacies by people over 18 without a prescription.
Therapeutic vapes are for someone quitting smoking, or managing a nicotine dependence (addiction).
These products must meet certain requirements:
-
flavours will be limited to mint, menthol or tobacco
-
packaging will be a plain pharmaceutical style
-
nicotine concentration cannot be higher than 20mg/ml
-
people who need vapes with a higher concentration of nicotine will require a prescription.
*These changes are still subject to state laws. For example, Tasmania and Western Australia both recently announced they are introducing their own legislation which will be different to the federal vaping laws. These state laws will maintain the requirement for people over 18 to have a prescription from a medical practitioner to purchase a pharmaceutical vape. Whether other states follow suit remains to be seen.
Therapeutic vapes for patients under 18 years will also depend on individual state/territory laws. The laws in some jurisdictions prevent the supply of vapes to people under 18, even with a prescription. But, in other jurisdictions people under 18 will be able to access a therapeutic vape with a prescription.
To find out more about these changes visit the Therapeutic Goods Administration’s vaping hub or the Government’s vaping webpage.
-
Therapeutic Goods Administration – Vaping Hub
https://www.tga.gov.au/products/unapproved-therapeutic-goods/vaping-hub
Vaping goods include devices, vaping accessories, vaping substances and all liquid nicotine, whether or not the liquid nicotine is intended for vaping.
Regulation 5A of the Customs (Prohibited Imports) Regulations 1956 prohibits the import of vaping goods unless you have prior permission.
Vaping goods are controlled for health reasons. All vaping goods are prohibited, irrespective of the type of device or whether the product includes nicotine, makes a therapeutic claim, or is used for drugs or medicines.
Licenses and permits are restricted to commercial importers or researchers importing vaping goods for:
-
the purposes of manufacture and supply (to pharmacies); or
-
scientific or medical research, such as clinical trials.
No one in Australia will be able to import vaping goods from overseas, even with a prescription.
For more information about vape reforms, visit the Therapeutic Goods Administration.
For more information about the permit requirements for vaping goods, visit the Office of Drug Control.
-