There is a lot of conflicting information around Australian vaping laws. It can be quite difficult to navigate these laws as they differ from one state to the next. There have been several new introduced over the last few years that directly impact the e-cigarette and vaping market, We've compiled a comprehensive guide to help you navigate the laws around vaping in Australia.

It is illegal to purchase any e-liquids or vaping products containing nicotine for personal use from any Australian retailer as it is classified as a schedule 7 – dangerous poision under the National Poisons Standard. The use of Nicotine is regulated by the Federal Government under the Theraputic Goods Act 1989. However, if the e-cigarette is for therapeutic purposes such as smoking cessation or alleviation of nicotine withdrawal, the e-cigarette must be registered by the TGA in order to be lawfully sold. This is only available by a doctor as a schedule 4 prescription only medicine under the National Poisons Standard.

In New South Wales, vaping laws were passed in June and December of 2015 that made amendments to the Public Health (Tobacco) Act. Another set of laws were also pased in 2017 that have effected the way e-cigarretes can be displayed and sold in NSW. These laws restrict the sale of vaping products and vaping accessories to people under the age of 18 and it is also an offence to use e-cigarettes in cars with children under the age of 16. You cannot display a vape or vape accessory advertisement that can be seen or heard from a public place whether that be inside or outside a business premises, you cannot give out free samples of vaping products and vaping accessories and you cannot have vaping products as a part of shopper loyalty programs, sponsorships or in vending machines. Retailers are allowed to display price tickets and single price boards only. You can legally purchase e-liquids without nicotine in NSW. It is legal to use e-cigarettes with e-liquid containing nicotine and you can vape in indoor and outdoor smoke free zones.

The sale and supply of vaping products is legal

The use of e-cigarettes with e-liquid containing nicotine with a valid prescription is legal.

Importing nicotine for personal use from overseas is legal, with a prescription from a medical practitioner

The sale of e-cigarettes or e-liquids containing nicotine is illegal

Vaping in indoor and outdoor smoke-free zones is illegal.

The sale of all e-cigarettes to people under the age of 18 is illegal

The use of e-cigarettes in cars carrying children under the age of 16 is illegal

Promotional advertising in retail stores of e-cigarettes is illegal, however, some vape stores are exempt from this law.

Victoria passed e-cigarette-specific changes to the Tobacco Act on August 1 2017. These laws regulate the sale, advertising and use of e-cigarettes. The sale, use and possession of products containing nicotine are banned under the Victorian Drugs and Poisons Legislation. E-cigarettes cannot be used in smoke-free areas, it is illegal to sell an e-cigarette product to a person under the age of 18 and advertising or promotional materials relating to e-cigarette products cannot be visible. Stores are only allowed to display a sign letting customers know e-cigarette products are available for purchase at the shop and a price board similar to the price boards we see for cigarettes. The new laws also prohibit retailers from providing samples of e-cigarette products and you can no longer vape in enclosed workplaces such as a retail shop. You can however still import nicotine from overseas and purchase e-liquids without nicotine.

The sale and supply of e-cigarettes is legal

The use of e-cigarettes with e-liquid containing nicotine is illegal

Importing nicotine for personal use from overseas is legal, with a prescription from a medical practitioner

The sale of e-cigarettes or e-liquids containing nicotine is illegal

Vaping in indoor and outdoor smoke-free zones is illegal

The sale of all e-cigarettes to people under the age of 18 is illegal

The use of e-cigarettes in cars carrying children under the age of 16 is illegal

Promotional advertising in retail stores of e-cigarettes is illegal

South Australia has been the leading state in Australia's vape scene. For now, vaping laws in South Australia have been very liberal. E-cigarette products are un-classified which means that they do not come under the same regulations as cigarettes. This means you can sell and advertise e-cigarettes and e-liquids in stores and can also vape in smoke-free zones, however, you still can’t buy e-liquids with nicotine in SA. Unfortunately government are considering going ahead with proposed e-cigarette regulations in 2018 which will restrict the selling of e-cigarette products. The proposed restrictions will restrict the sale of e-cigarette products to people under the age of 18 and at retail outlets without a license. There will be restrictions around advertising and promoting e-cigarette products, the use of e-cigarettes in smoke-free zones and in a motor vehicle with children under the age of 16. On March 18 2018 Liberal premier Steven Marshall was voted in, these laws would have been passed if labour won the election. However, with Liberal holding the majority, the new laws are uncertain if they will be passed.

Congratulations Northern Territory, you are the most liberal state when it comes to the law and vaping. E-cigarette products are currently unclassified in Northern Territory which means the only laws that apply to the Northern Territory are at the federal level. This means you cannot buy e-cigarettes or e-liquids in Australia that contain nicotine. You can legally vape wherever you like in NT unless there are signs saying you can’t and you can display vape products in stores without any restrictions. The Northern Territory is considering regulations around e-cigarettes, but no proposals have been made, so if they do regulate e-cigarettes in future, it could still be a while away.

The sale and supply of e-cigarettes is legal

The use of e-cigarettes with e-liquid containing nicotine is legal

Importing nicotine for personal use from overseas is legal, with a prescription from a medical practitioner

The sale of e-cigarettes or e-liquids containing nicotine is illegal

Vaping in indoor and outdoor smoke-free zones is illegal

The sale of all e-cigarettes to people under the age of 18 is illegal

The use of e-cigarettes in cars carrying children under the age of 16 is illegal

Promotional advertising in retail stores of e-cigarettes is illegal

Tasmania passed new laws on 29 November 2017 that treat e-cigarette products similar to tobacco products. You can not vape in smoke-free zones or in vape stores or stores that stock vape products. Stores need to carry a license to sell e-cigarette products and can not advertise e-cigarettes in stores. Stores need to display certain notices and there is a ban on displaying and advertising products in stores as well as a ban on shopper loyalty programs. The laws also prohibit the selling of e-cigarette products to children under the age of 18.

The sale and supply of e-cigarettes is legal

The use of e-cigarettes with e-liquid containing nicotine is illegal

Importing nicotine for personal use from overseas is legal, with a prescription from a medical practitioner

The sale of e-cigarettes or e-liquids containing nicotine is illegal

Vaping in indoor and outdoor smoke-free zones is illegal

The sale of all e-cigarettes to people under the age of 18 is illegal

Promotional advertising in retail stores of e-cigarettes is illegal

Western Australia is one of the strictest states with laws around vaping in Australia. In Western Australia provisions that relate to e-cigarettes come under the Tobacco Products Control Act 2006 and the Medicines And Poisons Act 2014. Under the act, you are not allowed to sell any product that is not a tobacco product, but designed to resemble a tobacco product or package. Unfortunately, due to this act, e-cigarettes with or without nicotine cannot be sold in Western Australia. You can still buy e-cigarettes and e-liquids online from vendors in other states and have it shipped to WA. The use of vapes and e-liquids is legal to use with or without nicotine in WA and there are no controls around vaping in no-smoking zones, so you are legally free to vape wherever you like unless the owner of the premises prohibits vaping.

Queensland has some of Australia’s strictest laws around vaping. e-cigarettes are considered smoking products under the Tobacco And Other Smoking Products Act 1998. Due to it being classed under the same laws as cigarettes, e-cigarettes and e-liquid cannot be sold to children under 18 years of age or be advertised, promoted or displayed at retail outlets. You cannot vape in smoke-free zones and Queensland is the only state in Australia which you cannot import nicotine for personal use from overseas and it is illegal to use an e-cigarette containing nicotine.

The sale and supply of e-cigarettes is legal

The use of e-cigarettes with e-liquid containing nicotine is illegal

Importing nicotine for personal use from overseas is illegal

The sale of e-cigarettes or e-liquids containing nicotine is illegal

Vaping in indoor and outdoor smoke-free zones is illegal

The sale of all e-cigarettes to people under the age of 18 is illegal

The use of e-cigarettes in cars carrying children under the age of 16 is illegal

Promotional advertising in retail stores of e-cigarettes is illegal

Australian nicotine and vaping laws

Is it illegal to buy vapes or e-liquids containing nicotine in Australia?

Can I and use a vape or e-liquids containing nicotine in Australia?

Can I purchase e-liquids or vaping products containing nicotine from overseas and get it shipped to australia?

State by state vaping laws

New South Wales (NSW) vaping laws

Victoria (VIC) vaping laws

South Australia (SA) vaping laws

Northern Territory (NT) vaping laws

Australian Capital Territory (ACT) vaping laws

Tasmania (TAS) vaping laws

Western Australia (WA) vaping laws

Queensland (QLD) vaping laws

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