An Easy Guide To The Vape Laws In Queensland And Australia

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After doing a fair amount of scrounging around Google and researching the relevant laws regarding Vaping, Vape Juice and Nicotine. Three things became certain.

It’s confusing, mostly outdated and dense.

It might just be us but we found wading through the piles of info was difficult, took a fair amount of time, wasn’t always relevant to where we were living (Queensland), and was often outdated by legislation passed in 2017 or 2018.

So, being that our mission is to make vaping as easy and approachable for our customers as possible, we thought it valuable to compile an easy-to-read guide that hopefully provides the information you’re looking for.

We value the importance of staying informed when it comes to vaping so this guide will be updated as we become aware of any changes to vape laws that are made in Australia.

As a base rule where we couldn’t find relevant information relating to the state, we included the pre-existing laws in other states that covered these bases. i.e. In Tasmania, we couldn’t find whether you could use Vapes and E-Cigs in cars with children under the age of 16.

Using your brain for two seconds. You probably wouldn’t do that anyway. But Tasmania doesn’t have anything that covers this topic and there’s a precedent in the surrounding states of Australia so we simply included it in the list.

Better to be safe than sorry.

Small disclaimer: We tried to be as accurate as possible with the information provided but we’re not a government body nor affiliated with them in any way. We’re also not lawyers and did not consult one when writing this article. This article is not legal advice or a legal document and should not be treated as such. If you still have doubt about any of the points below consult your state website or ask a state representative for clarification.

Universal points

  • You can’t Vape in areas deemed to be ‘non-smoking’.
  • You cannot sell Vaporisers to children under 18 years of age.
  • You cannot purchase or sell vaporisers/e-liquid that contains nicotine.
  • Sale of Nicotine in Australia is Illegal.

There are more specifics dependent on the state you’re living in but these points universally apply throughout Australia.

Specific State Laws - The Important Stuff

Classified under Tobacco and Other Smoking Products Act of 1998 (Tobacco Act) and as such are subject to the same laws as Tobacco Products (Electronic 2019).

Nicotine

  • Importation of Nicotine for personal use is illegal in QLD.
  • Using Vaporisers, E-Cigs, or the like is illegal if it contains Nicotine.

Vapes & E-Cigarettes

  • Cannot be used in existing no-smoking indoor and outdoor places.
  • Cannot be sold to children under 18 years of age.
  • All promotional material is banned at retail outlets.
  • Subsequently, displaying and advertising Vapes is banned.
  • Vending machines cannot sell Vapes or E-Cigs.
  • Vapes and E-Cigs can not be used in cars with children under the age of 16.
References

Electronic Cigarettes. Department of Queensland Health, Australian Government, 2019, https://www.health.qld.gov.au/public-health/topics/atod/tobacco-laws/electronic-cigarettes.

Classified under the Public Health Tobacco Act 2008 (NSW 2019).

Nicotine

  • Importation of Nicotine for personal use is legal in NSW with a prescription from a medical practitioner.
  • It is legal to use Vapes or E-Cigs with Nicotine.

Vapes & E-Cigarettes

  • Cannot be used in existing no-smoking indoor and outdoor places.
  • Cannot be sold to children under 18 years of age.
  • All promotional material is banned at retail outlets.
  • Subsequently, displaying and advertising Vapes is banned.
  • Vending machines cannot sell Vapes or E-Cigs.
  • Vapes and E-Cigs can not be used in cars with children under the age of 16.
References

NSW Health’s Position on E-Cigarettes. Department of Health, New South Wales Government, 2019, https://www.health.nsw.gov.au/tobacco/Pages/e-cigarettes.aspx.

Classified as a Tobacco product under the (Tobacco Amendment Act 2016) (E-Cigarette 2017).

Nicotine

  • Importation of Nicotine for personal use is legal in VIC with a prescription from a medical practitioner.
  • It is legal to use Vapes or E-Cigs with Nicotine.

Vapes & E-Cigs

  • Cannot be used in existing no-smoking indoor and outdoor places.
  • Cannot be sold to children under 18 years of age.
  • All promotional material is banned at retail outlets but a single sign is allowed to notify customers that E-Cigarettes or related products are being sold.
  • Subsequently, displaying and advertising Vapes is banned.
  • You can not provide samples of E-liquid in stores.
  • Vending machines cannot sell Vapes or E-Cigs.
  • Vapes and E-Cigs cannot be used in cars with children under the age of 16.
References

E-Cigarette Reforms: Factsheet. Department of Health, Victoria State Government, 2017, https://www2.health.vic.gov.au/about/publications/factsheets/e-cigarette-reforms-factsheet.

Regulated under the Tobacco and E-Cigarette Act 1997 (New E-Cigarette 2019).

Nicotine

  • Importation of Nicotine for personal use is legal in SA with a prescription from a medical practitioner.
  • It is legal to use Vapes or E-Cigs with Nicotine.

Vapes & E-Cigarettes

  • Cannot be used in existing no-smoking indoor and outdoor places.
  • Cannot be sold to children under 18 years of age.
  • Cannot be sold through a retail outlet without a Retail Tobacco and E-Cigarette Merchant’s License
  • Cannot be sold through indirect orders (internet and postal sales)
  • Cannot offer free samples, prizes, gifts or other additions in relation to e-cigarette products.
  • Cannot display, advertise or promote Vape or E-Cigarette products.
  • Vending machines cannot sell Vapes or E-Cigs.
  • Vapes and E-Cigs can not be used in cars with children under the age of 16.
References

New E-cigarette Laws and Other Changes to Tobacco Laws in South Australia. Department of Health, South Australian Government, 2019, https://www.sahealth.sa.gov.au/

Classified as Tobacco Products under the NT Tobacco Control Act 2002 (Alcohol 2019).

Nicotine

  • Importation of Nicotine for personal use is legal in NT with a prescription from a medical practitioner.
  • It is legal to use Vapes or E-Cigs with Nicotine.

Vapes & E-Cigarettes

  • Cannot be used in existing no-smoking indoor and outdoor places.
  • Cannot be sold to children under 18 years of age.
  • Cannot be sold through a retail outlet without a Retail Tobacco License
  • Cannot be sold through indirect orders (internet and postal sales)
  • Cannot offer free samples, prizes, gifts or other additions in relation to e-cigarette products.
  • Can not displaying, advertise or promote Vape or E-Cigarette products.
  • Vending machines cannot sell Vapes or E-Cigs.
  • Vapes and E-Cigs cannot be used in cars with children under the age of 16.

References

Alcohol and Other Drugs: Health Professionals. Department of Health, Northern Territory Government, 2019, https://health.nt.gov.au/professionals/alcohol-and-other-drugs-health-professionals/tobacco.

Regulated under the Tobacco and Other Smoking Products Act 1927 (Electronic 2019).

Nicotine

  • Importation of Nicotine for personal use is legal in the ACT with a prescription from a medical practitioner.
  • It is legal to use Vapes or E-Cigs with Nicotine.

Vapes & E-Cigarettes

  • Cannot be used in existing no-smoking indoor and outdoor places.
  • Cannot be sold to children under 18 years of age.
  • Cannot be sold through indirect orders (internet and postal sales)
  • Cannot offer free samples, prizes, gifts or other additions in relation to e-cigarette products.
  • Can not displaying, advertise or promote Vape or E-Cigarette products.
  • Vending machines cannot sell Vapes or E-Cigs.
  • Vapes and E-Cigs cannot be used in cars with children under the age of 16.

References

Electronic Cigarettes. Department of Health, Australian Capital Territory Government, 2019, https://www.health.act.gov.au/about-our-health-system/population-health/smoke-free-environments/electronic-cigarettes.

Regulated under Tobacco Products Control Act 2006 (Electronic 2019).

Nicotine

  • Importation of Nicotine for personal use is legal in WA with a prescription from a medical practitioner.
  • It is legal to use Vapes or E-Cigs with Nicotine.

Vapes & E-Cigarettes

  • Cannot be sold or supplied in WA
  • Cannot be used in existing no-smoking indoor and outdoor places.
  • Cannot be sold to children under 18 years of age.
  • Cannot be sold through indirect orders (internet and postal sales)
  • Cannot offer free samples, prizes, gifts or other additions in relation to e-cigarette products.
  • Can not displaying, advertise or promote Vape or E-Cigarette products.
  • Vending machines cannot sell Vapes or E-Cigs.
  • Vapes and E-Cigs cannot be used in cars with children under the age of 16.

References

Electronic Cigarettes in Western Australia. Department of Health, Western Australia Government, 2019, https://ww2.health.wa.gov.au/Articles/A_E/Electronic-cigarettes-in-Western-Australia.

Vapes & E-Cigs are treated as Tobacco Products (uncertain of regulation Act) (Tobacco 2017).

Nicotine

  • Importation of Nicotine for personal use is legal in TAS with a prescription from a medical practitioner.
  • It is legal to use Vapes or E-Cigs with Nicotine.

Vapes & E-Cigarettes

  • Cannot be used in existing no-smoking indoor and outdoor places.
  • Cannot be sold to children under 18 years of age.
  • Cannot be sold through indirect orders (internet and postal sales)
  • Cannot offer free samples, prizes, gifts or other additions in relation to e-cigarette products.
  • Can not display, advertise or promote Vape or E-Cigarette products.
  • Vending machines cannot sell Vapes or E-Cigs.
  • Vapes and E-Cigs cannot be used in cars with children under the age of 16.

References

Tobacco Control. Department of Health, Tasmanian Government, 2017, https://www.dhhs.tas.gov.au/publichealth/tobacco_control/electronic-cigarettes/smoke-free_areas.

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