National Changes
The Australian Government has introduced reforms to reduce the vaping related harms through stronger legislation, enforcement, education and support. The reforms aim to:
- Ban the sale of all single use, disposable e-cigarettes/vapes
- Increase minimum quality standards incl restricting flavours, colours and other ingredients
- Reduce allowable nicotine concentrations and volumes
- Require pharmaceutical-like packaging
- Discourage people from taking up vaping through a public health information campaign
- Monitor and prevent illegal importation and supply of non-prescription e-cigarettes in Australia.
New product standards will be introduced. These new standards:
- Apply to therapeutic vapes irrespective of nicotine content
- Limit flavours to only mint, menthol or tobacco flavours
- Specify certain requirements for vaping devices that were previously excluded from the therapeutic goods framework.
From 1 January 2024:
- The importation of single- vapes is banned
- The new regulations mean it will be illegal to buy disposable vapes from overseas, irrespective of their nicotine content or therapeutic claims
- Doctors and nurse practitioners will have a new, easier process to prescribe therapeutic vapes, which will only be available through pharmacies.
From 1 March 2024
- Refillable non-therapeutic vapes will be banned, including personal purchase of therapeutic vapes from overseas
- Tougher rules on flavours, nicotine concentration levels and packaging will be enforced.
Amendments to the Therapeutic Goods Regulations 1989, the Therapeutic Goods (Medical Devices) Regulations 2002 and the Customs (prohibited Imports) Regulations 1956:
- Therapeutic Goods Legislation Amendment (Vaping) Regulations
- Customs Legislation Amendment (Vaping Goods) Regulations 2023
- The reforms complement a wider set of actions being undertaken by the Government in line with the National Tobacco Strategy 2023-3030 to reduce rates of tobacco and vape use. For more information, visit: Taking action on smoking and vaping
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New South Wales
The NSW Government has a range of laws in place to protect against dangers associated with e-cigarettes.
Buying and Selling
The NSW Public Health (Tobacco) Act 2008 outlines the laws related to buying and selling e-cigarettes. In summary:
- E-cigarettes and e-liquids containing nicotine are a prescription only medicine (18 years and over)
- It is illegal to sell e-cigarettes to anyone under 18 years.
- It is illegal to sell e-cigarettes containing nicotine to anyone (including Online sales)
Enclosed Public Areas
Smoking and using e-cigarettes are banned in all enclosed public areas including in shopping centres, cinemas, libraries, trains and buses.
Smoke-free environment resources: Download digital or order print copies, of the ‘No Smoking means No Vaping’ signs/posters designed to raise awareness that e-cigarette use (vaping) is banned in all smoke-free areas.
Outdoor Public Areas:
The Smoke-free Environment Act 2000 and the Smoke-free Environment Regulation 2016 details the laws related to using e-cigarettes. Basically, wherever smoking is prohibited, using an e-cigarette (or vaping) is also prohibited. In general, you cannot vape:
- where you are served food
- at the entrance to public buildings
- at public playgrounds
- at public transport stations
- at public swimming pools
- at sporting venues
- in the car with children (aged under 16years)
- in health buildings
