Each Australian State and Territory classes Electronic Cigarettes & Nicotine differently. We encourage you to stay informed and up to date with how these laws affect you as a Vaper.

As vapers we need to understand how vaping laws are legislated in each Australian State.

Vaping is under threat. The Australian Government is looking to make changes that will impact your ability to vape. A decision will be made by the 1st of January 2021 on the importation of nicotine e-liquids. Now is the time to make your voice heard.  Check out ATHRA to see what you can do to protect your right to vape.

 

Western Australia:

  • Electronic Cigarettes are classed as a device used to mimic smoking. (Tobacco Products Control Act 2006)
  • The Sale and Supply of electronic cigarettes is illegal.
  • The Sale and Supply of Nicotine is illegal.
  • Importing Nicotine for personal use is currently legal with a valid prescription from a doctor. This is under review and may change on January 1st 2021
  • The use of electronic cigarettes without nicotine is legal.
  • The use of Electronic Cigarettes containing nicotine is illegal
  • Penalty for Possession of Nicotine without a valid prescription $45,000.
  • Purchasing Electronic Cigarettes from another Australian State is legal.

Queensland:

  • Electronic Cigarettes are classed as a Tobacco Product. (Tobacco and Other Smoking Products Act 1998)
  • The display and/or promotion of electronic cigarettes at a retail outlet is illegal.
  • The Sale and Supply of electronic cigarettes is legal.
  • The Sale and Supply of Nicotine is illegal.
  • Importing Nicotine for personal use is currently legal with a valid prescription from a doctor. This is under review and may change on January 1st 2021
  • The use of electronic cigarettes without nicotine is legal.
  • The use of Electronic Cigarettes containing nicotine is illegal
  • Penalty for Possession of Nicotine without a valid prescription: $9,752
  • It is an offence to use e-cigarettes in cars with children under the age of 16 present
  • Sale of electronic cigarettes to persons under 18 is illegal
  • QLD Police have the power to seize an e-cigarette that is in the possession of a person under the age of 18.

New South Wales:

  • Electronic Cigarettes are not classed as tobacco products, but are covered under the Smoke-free Environment Act 2000
  • The Sale and Supply of electronic cigarettes is legal.
  • The Sale and Supply of Nicotine is illegal.
  • Importing Nicotine for personal use is currently legal with a valid prescription from a doctor. This is under review and may change on January 1st 2021
  • The use of electronic cigarettes without nicotine is legal.
  • The use of electronic cigarettes with nicotine is illegal without a valid medical certificate from a doctor
  • Penalty for Possession of Nicotine without a valid prescription $1,100
  • Vaping in public spaces (shopping centres, libraries, cinemas, bus stops, train stations, buses and trains, sports grounds, near children’s play equipment, and outdoor dining areas) or on public transport is banned and carries a fine of up to $550
  • It is an offence to use e-cigarettes in cars with children under the age of 16 present
  • Sale of electronic cigarettes to persons under 18 is illegal
  • NSW Police have the power to seize an e-cigarette that is in the possession of a person under the age of 18.

Victoria:

  • Electronic Cigarettes are classed and regulated as a Tobacco Product Tobacco Amendment Act 2016
  • Limited display of vaping devices, e-liquids and accessories is allowed. Maximum area four metres squared. Testing/sampling liquids in retail stores is not allowed.
  • Offering of free samples, sponsorship, or shopper loyalty programs is banned.
  • Use of electronic cigarettes in enclosed retail spaces is illegal
  • The Sale and Supply of electronic cigarettes is legal.
  • The sale and supply of electronic cigarettes and vaping accessories to persons under 18 is illegal
  • It is an offence to use e-cigarettes in cars with children under the age of 16 present
  • The Sale and Supply of Nicotine is illegal.
  • Importing Nicotine for personal use is currently legal with a valid prescription from a doctor. This is under review and may change on January 1st 2021
  • The use of electronic cigarettes without nicotine is legal.
  • The use of electronic cigarettes with nicotine is illegal without a valid medical certificate from a doctor
  • Penalty for the possession of nicotine without a valid prescription: $15,546

South Australia:

  • Electronic Cigarettes regulated under the Tobacco and E-Cigarette Products Act 1997 as of 31 March 2019.
  • The Sale and Supply of electronic cigarettes is legal in physical brick and mortar stores.
  • The Sale and Supply of electronic cigarettes online in South Australia and to South Australian customers is illegal as of October 1st 2019
  • The Sale and Supply of Nicotine is illegal.
  • Importing Nicotine for personal use is currently legal with a valid prescription from a doctor. This is under review and may change on January 1st 2021
  • The use of electronic cigarettes without nicotine is legal.
  • The use of electronic cigarettes with nicotine is illegal without a valid medical certificate from a doctor
  • Penalty for Possession of Nicotine without a valid prescription $30,000 and two years in prison.
  • It is an offence to use e-cigarettes in cars with children under the age of 16 present
  • All advertising, promotion, sponsorships, competitions, and rewards programs, giveaways, and free samples relating to e-cigarettes are banned.
  • It is an offence to sell e-cigarette products to persons under 18 years of age

Northern Territory:

  • Electronic Cigarettes are classed under NT Tobacco Control Act 2002 .
  • The Sale and Supply of electronic cigarettes is legal.
  • The Sale and Supply of Nicotine is illegal.
  • Importing Nicotine for personal use is currently legal with a valid prescription from a doctor. This is under review and may change on January 1st 2021
  • The use of electronic cigarettes without nicotine is legal.
  • The use of electronic cigarettes with nicotine is illegal without a valid medical certificate from a doctor
  • Penalty for Possession of Nicotine without a valid prescription $15,400 or up to 12 months prison.
  • It is an offence to use e-cigarettes in cars with children under the age of 16 present
  • It is illegal to sell an e-cigarette or similar device including cartridges to a person under 18 years of age
  • It is an offence to buy vaping products on behalf of persons under 18 years
  • The display and advertising of e-cigarettes and similar devices and accessories are now subject to the same provisions that currently apply to existing tobacco products.

Australian Capital Territory:

  • Electronic Cigarettes are classified as a tobacco product under the Tobacco and Other Smoking Products Act 1927
  • The Sale and Supply of electronic cigarettes is legal
  • The Sale and Supply of Nicotine is illegal
  • Importing Nicotine for personal use is currently legal with a valid prescription from a doctor. This is under review and may change on January 1st 2021
  • The use of electronic cigarettes without nicotine is legal.
  • The use of electronic cigarettes with nicotine is illegal without a valid medical certificate from a doctor
  • Penalty for Possession of Nicotine without a valid prescription $30,000 and two years in prison.
  • Cannot be used in smoke-free indoor and outdoor areas
  • Cannot be displayed, advertised or promoted in retail outlets
  • No free samples, sponsorship or shopper loyalty programs
  • Under the act, authorised persons have the power to seize a vaporiser that is in the possession of a person under the age of 18 years

Tasmania:

  • Electronic Cigarettes are regulated under Public Health Act 1997 and the Poisons Act 1971
  • The Sale and Supply of electronic cigarettes is legal.
  • The Sale and Supply of Nicotine is illegal.
  • Products cannot be seen by the public from inside or outside the premises. There are strict controls on display and permanent display of tobacco or e-cigarette products is prohibited
  • No free samples, sponsorship or shopper loyalty programs. It is against the law to advertise a tobacco or vaporiser
  • Importing Nicotine for personal use is currently legal with a valid prescription from a doctor. This is under review and may change on January 1st 2021
  • The use of electronic cigarettes without nicotine is legal.
  • The use of electronic cigarettes with nicotine is illegal without a valid medical certificate from a doctor
  • Penalty for Possession of Nicotine without a valid prescription $7,850 or up to two years in prison.
  • It is an offence to use e-cigarettes in cars with children under the age of 16 present
  • It is an offence to sell e-cigarettes to persons under the age of 18
  • It is an offence for an adult to purchase e-cigarettes for persons under the age of 18
  • Under the act, authorised persons have the power to seize a vaporiser that is in the possession of a person under the age of 18 years

 

All information is current as of 06/07/2020. We strive to keep this information as up to date as possible.