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 Laws & Regulations

  • Laws 

    National Changes

    The Australian Government has announced reforms to reduce the vaping related harms through stronger legislation, enforcement, education and support. The Government plans to work with states and territories to:
      • ​​Ban the s​ale 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 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:
      • Adults can buy e-cigarettes that do not contain nicotine
      • 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
    For more information: NSW Health - E-cigarettesalternate text 48


    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​
    alternate text 47: 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​.

    Outdoo​​​r 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)alternate text 48
      • in health buildings
    For more detailed information: NSW Health​ Smoke-free Lawsalternate text 47
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Reporting and Complaints:

If you think someone or a business has breached NSW e-cigarette laws (indoor, outdoor use, or a retail store), you can report it:

  • Advise NSW Health: Information collected helps guide the enforcement of the laws by NSW Health Inspectors. Excludes complaints about online retailers.

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Outdoor Public Areas:

​​The Smoke-free Environment Act 2000 and the Smoke-free Environment Regulation 2016 details the laws related to using e-cigarettes. Basicall​y, 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)alternate text 48
    • in health buildings
For more detailed information: NSW Health​ Smoke-free Lawsalternate text 47

Download a copy of: alternate text 47Vape Regulations
MNCLHD Fact Sheet ​