Australian Law for Vaping

Must be 18+ to purchase vaping products in all Australian states and Territories. At the time of publishing, no vaping devices have been approved by the TGA, and therefore not allowed to make claims about being a healthier option – It is simply another option to assist with quitting.

Our laws in Australian forbid possession, purchase or use of liquid nicotine for vaping purposes without a prescription from a registered Australian practitioner. Nicotine is classified as a Schedule 7 ’dangerous poison’, along with arsenic and strychnine. The only exceptions are nicotine in tobacco for smoking and medicinal nicotine replacement products. Importation, use and possession of liquid nicotine for therapeutic use are legal if the user has a prescription from an Australian practitioner; which is then classified as a Schedule 4 product (prescription only) and it is permissible to possess or use it for personal use.

** NOTE FOR ALL STATES IN AUSTRALIA – Liquid nicotine cannot be sold without approval from the Ministry of Health.

NSWACTVIC
SALENo Nicotine AllowedNo Nicotine AllowedNo Nicotine Allowed
PROMOTIONS & ADVERTISINGNot allowedNot allowedLimited internal display allowed
CARSNo use when with children under 16yNot specifiedNo use when with children under 16y
YOUTHSale to minors (<18y) is an offenceSale to minors (<18y) is an offenceSale to minors (<18y) is an offence
PUBLICVaping is not allowed in smoke-free areasCannot be used in smoke free indoor and outdoor areasCannot be used in smoke free indoor and outdoor areas
IN-STORE SAMPLINGBannedBannedBanned
QLDTASSA
SALENo Nicotine AllowedNo Nicotine AllowedNo Nicotine Allowed
PROMOTIONS & ADVERTISINGNot allowedNot allowedNot allowed
CARSNo use when with children under 16yNo use in cars with a child presentNo use when with children under 16y
YOUTHSale to minors (<18y) is an offenceSale to minors (<18y) is an offenceSale to minors (<18y) is an offence
PUBLICVaping is not allowed in smoke-free areasCannot be used in smoke free indoor and outdoor areasBanned in public places that are currently smoke-free under the law
IN-STORE SAMPLINGBannedBannedBanned
WANT
SALENo Nicotine AllowedNo Nicotine Allowed
PROMOTIONS & ADVERTISINGNo restrictions on advertising or promoting non-nicotine e-liquidsNo restrictions on promotional material
CARSNo use when with children under 16yNo restriction on use in cars
YOUTHNo restrictions on e-liquid sales to minorsSale to minors (<18y) is an illegal
PUBLICCan be used in smoke free indoor and outdoor areasCan be used in smoke free indoor and outdoor areas
IN-STORE SAMPLINGBannedAllowed

| NSW

Sale of vaporisers without nicotine is legal but products must not make a therapeutic claim. Vending machines are restricted to areas over 18 year-olds eg hotels, clubs or casino areas. Sale from a single point of sale in each retail outlet (one cash register). No sale from booth, tent, market stall or temporary structure. E-cigarette retailers are required to notify NSW Health and register business details.

Vaping is not allowed in smoke-free areas including all indoor public places, outdoor public places, within 10 metres of children’s play equipment in outdoor public places, public swimming pools, spectator areas at sports grounds or other areas used for sporting events, public transport stops and platforms including ferry wharves and taxi ranks, within 4 metres of a pedestrian access point to a public building, commercial outdoor dining areas, in a car with a child under 16 years of age in the vehicle.

Retailers who only sell e-cigarettes may apply for an exemption so they may be used in their store. Using e-cigarettes on public transport vehicles such as trains, buses, light rail, ferries is also banned. Individual establishments and workplaces such as businesses, councils and other organisations may develop their own smoke-free policies to ban the use of e-cigarettes within the premises. Products or advertisements cannot be seen by the public from inside or outside the premises. No free samples, sponsorship or shopper loyalty programs. Sale of e-cigarettes and accessories to minors younger than 18 years old is an offence. No purchase by adults of vaporisers for a minor. 

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| VIC

Sale of vaporisers without nicotine is legal but products must not make a therapeutic claim. Vending machines: restricted to areas over 18 year-olds eg hotels, clubs or casino areas. A single price board at point of sale. No sale from booth, tent, market stall or temporary structure. Cannot be used in smoke free indoor and outdoor areas. Limited display of vaping devices, e-liquids and accessories. Maximum area four metres squared. No advertising or promotion at point of sale or outside store. No free samples, sponsorship or shopper loyalty programs. No testing liquids in store. Not to be used in cars with children under 16 years of age. Sale to minors younger than 18 years old is an offence. No free samples, testing e-liquids or promotion of goods.

Some specialist vape shops may have an exemption to display limited product under grand-fathered rules.

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| QLD

Sale of vaporisers without nicotine is legal but products must not make a therapeutic claim. Cannot be sold from a vending machine and cannot be displayed in a retail outlet. No sale from booth, tent, market stall or temporary structure. Cannot be sold from more than one point of sale. 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. No use in cars with children under 16 years of age.

Sale to minors younger than 18 years old is an offence. No purchase by adults for a minor. Authorised persons have the power to seize a vaporizer that is in the possession of a person under the age of 18 years old.

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| TAS

Sale of vaporisers without nicotine is legal but products must not make a therapeutic claim. Vending machines are restricted to areas over 18 year-olds eg hotels, clubs or casino areas. A member of the public cannot operate a vending machine. Sale from a single point of sale in each retail outlet (one cash register). No sale from booth, tent, market stall or temporary structure. Vendors are not allowed to put pictures of vaporisers or e-liquid on their website. E-cigarette retailers are required to notify NSW Health and register business details. Retailers must be licenced and are required to undertake future reporting.

Cannot be used in smoke free indoor and outdoor areas. 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. No use in cars with a child present.

Sale to minors younger than 18 years old is an offence. No purchase by adults for a minor. Authorised persons have the power to seize a vaporizer that is in the possession of a person under the age of 18 years old.

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| SA

Hardware and e-liquid without nicotine is legal to sell according to some advice but questions are raised as to ‘products that resemble cigarettes’ are illegal to sell. Vendors require a Retail Tobacco and E-Cigarette Merchant’s Licence. Sales from vending machines, temporary outlets, along with Internet sales, displaying vaping products that do not contain nicotine, advertising and promotion are all banned.

Vaping is banned in public places that are currently smoke-free under the law and in cars if a child under the age of 16 is present. Free samples, prizes, gifts or other benefits including through sponsorship, competitions and rewards are not allowed. Additionally, It is an offence to sell e-cigarette products to under 18 year olds. It is illegal to send vaping orders to SA from within Australia, however the end customer residing in SA can order from overseas.

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| WA

Vaping products can be sold, however must not resemble a traditional cigarette. The sale of products cannot be in a full kit, instead it must be tankd and mods. Can be used in smoke free indoor and outdoor areas. Individual establishments can develop own policies to restrict use.

There are no restrictions on displaying e-liquid products that do not contain nicotine. Vaporisers cannot be sold. There are no restrictions on promotions of non-nicotine e-liquid. Vaporisers cannot be sold if they resemble a tobacco product. No restrictions on vaping in cars. There are no restrictions on e-liquid sales to minors.

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| NT

Hardware and e-liquid (without nicotine) is legal to sell. Retailers must hold a Tobacco Retail License (TRL).

Can be used in smoke free indoor and outdoor areas however individual establishments can develop own policies to restrict use. There are no restrictions on displaying e-cigarette products that do not contain nicotine. There are no restrictions on promotions of non-nicotine vaporizers. No use in cars with children under 16 years of age All staff selling tobacco or Vaping products must be 18+.

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| ACT

Sale of vaporisers without nicotine is legal provided the seller holds a tobacco licence but products must not make a therapeutic claim. Cannot be sold from a vending machine if the public has use of the vending machine and cannot be displayed in a retail outlet. Cannot be sold from more than one point of sale in an unlicensed premises.

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. Sale to minors less than 18 years old is an offence. No purchase by adults of vaporisers for a minor. Authorised persons have the power to seize a vaporiser that is in the possession of a person under the age of 18 years.

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