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.

 

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 legal with a current Australian Medical certificate.
  • Purchasing Electronic Cigarettes from another Australian State is legal.
  • The use of electronic cigarettes with or without nicotine 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 legal with a current Australian Medical certificate.
  • The use of Electronic Cigarettes containing nicotine is illegal

New South Wales:

  • Electronic Cigarettes are not classed as tobacco products.
  • The Sale and Supply of electronic cigarettes is legal.
  • The Sale and Supply of Nicotine is illegal.
  • Importing Nicotine for personal use and possession is legal with a current Australian Medical certificate.
  • The use of electronic cigarettes with or without nicotine is legal.
  • 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 (<em>Tobacco Amendment Act 2016</em> )
  • Display of electronic cigarettes and vaping accessories in retail stores and offering free juice samples is illegal
  • 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
  • The Sale and Supply of Nicotine is illegal.
  • Importing Nicotine for personal use is legal with a current Australian medical certificate.
  • The use of electronic cigarettes without nicotine is legal. The use of electronic cigarettes with nicotine is legal with a medical certificate.

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 legal with a current Australian Medical certificate.
  • The use of electronic cigarettes with or without nicotine is legal.

Northern Territory:

  • Electronic Cigarettes are un-classed.
  • The Sale and Supply of electronic cigarettes is legal.
  • The Sale and Supply of Nicotine is illegal.
  • Importing Nicotine for personal use is legal with a current Australian Medical certificate.
  • The use of electronic cigarettes with or without nicotine is legal.

Australian Capital Territory:

  • Electronic Cigarettes are un-classed.
  • The Sale and Supply of electronic cigarettes is legal.
  • The Sale and Supply of Nicotine is illegal.
  • Importing Nicotine for personal use is legal with a current Australian Medical certificate.
  • The use of electronic cigarettes with or without nicotine is legal.

Tasmania:

  • Electronic Cigarettes are un-classed.
  • The Sale and Supply of electronic cigarettes is legal.
  • The Sale and Supply of Nicotine is illegal.
  • Importing Nicotine for personal use is legal with a current Australian Medical certificate.
  • The use of electronic cigarettes with or without nicotine is legal.

 

INFORMATION CURRENT AS OF: 08/10/2019. We are awaiting response from a few state governments for legal clarification, and we will update as soon as we have concrete info.