Legal information
Nicotine
Under Australian law, it is illegal to buy, possess or use liquid nicotine for vaping without a prescription from a registered Australian medical practitioner.
In Australia, medicines and poisons are listed in the Poisons Standard and are classified into categories called Schedules, which determine how they are regulated. Nicotine is classified as a Schedule 7 ’dangerous poison’, along with arsenic and strychnine. The exceptions to this classification are nicotine in tobacco for smoking and medicinal nicotine replacement products.
However, importation, use and possession of liquid nicotine for a ‘therapeutic use’ (eg to quit or reduce smoking or to prevent relapse) are legal if the user has a prescription from an Australian medical practitioner. It is then classified as a Schedule 4 product (prescription only) and it is permissible to possess or use it for personal use. It is legal for the doctor to write the prescription.
In January 2020, the Royal Australian College of General Practitioners approved the use of nicotine for vaping for smokers have tried other methods and failed to quit. ATHRA has resources for doctors on how to prescribe nicotine in the Health Professionals section of this website (login required). If you write to us, we can email your doctor more information.
TGA Personal Importation Scheme
You can legally import nicotine from overseas to help you quit or reduce smoking under the Therapeutic Goods Administration (TGA) Personal Importation Scheme. You may import 3 months’ supply at a time for personal use, up to a total of 15 months’ supply per year. The law requires you to have a prescription from a registered Australian doctor. You are required to email a copy of your prescription to the vendor so it can be returned with your order. Keep the script at home, or as a photo on your phone in case it is required. However, the TGA warns that there may be risks in importing nicotine from overseas suppliers as quality cannot be guaranteed.
From 1 October 2021, the penalty for importing nicotine e-liquid without a prescription will be up to $222,000 under the Customs Act 1901. The offence carries 1,000 penalty points at $222 each.
Illegal nicotine
It is ILLEGAL to source liquid nicotine in Australia without a prescription. Purchase of illegal nicotine ‘under the counter’ is STRONGLY DISCOURAGED. There are no guarantees of product quality or safety or that the liquid is what it claims to be. It is also an offence under state laws.
State laws
State laws regulate issues such as sale, use in public places, age limits on sale, display and promotion of vaporizers. Regulations are different between states and may change from time to time.
Sale
- Liquid nicotine cannot be sold without approval from the Ministry of Health. No retailer has been granted this approval
- Sale of vaporisers (without nicotine) is legal but products must not make a therapeutic claim such as ‘this product will help you quit or reduce smoking’)
- Vending machines: restricted to areas > 18 year-old areas 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
Public Places
- Vaping is not allowed in smoke-free areas (1 July 2018) [link]
- Smoke-free areas where people cannot smoke or use e-cigarettes are:
- 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 recreational areas used for organised 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 e-cigarettes may be used in their store
- Using e-cigarettes on public transport vehicles such as trains, buses, light rail, ferries is also banned under the Passenger Transport (General) Regulation 2017.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
Display
- Products or advertisements cannot be seen by the public from inside or outside the premises.
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Promotion
- No free samples, sponsorship or shopper loyalty programs
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Cars
- No use in cars with children under 16y
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Youth
- Sale of e-cigarettes and accessories to minors (<18y) is an offence
- No purchase by adults of vaporisers for a minor
- NSW Police have the power to seize a vaporiser that is in the possession of a person under the age of 18.
Sale
- Liquid nicotine cannot be sold without approval from the Ministry of Health. No retailer has been granted this approval.
- Sale of vaporisers (without nicotine) is legal but products must not make a therapeutic claim such as ‘this product will help you quit or reduce smoking’
- Vending machines: restricted to areas > 18 year old areas eg hotels, clubs or casino areas
- A single price board at point of sale. No sale from booth, tent, market stall or temporary structure
Public Places
- Cannot be used in smoke free indoor and outdoor areas
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Display
- Limited display of vaping devices, e-liquids and accessories. Maximum area four metres squared
Promotion
- No advertising or promotion at point of sale or outside store
- No free samples, sponsorship or shopper loyalty programs
- No testing liquids in store
Cars
- No use in cars with children under 16y
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Youth
- Sale to minors (<18y) is an offence
Sale
- Liquid nicotine cannot be sold without approval from the Ministry of Health. No retailer has been granted this approval.
- Sale of vaporisers (without nicotine) is legal but products must not make a therapeutic claim such as ‘this product will help you quit or reduce smoking’
- Cannot be sold from a vending machine
- 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.
Public Places
- Cannot be used in smoke free indoor and outdoor areas
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Display
- Cannot be displayed, advertised or promoted in retail outlets.
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Promotion
- No free samples, sponsorship or shopper loyalty programs.
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Cars
- No use in cars with children under 16 years
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Youth
- Sale to minors (<18 years) is an offence
- No free samples, sponsorship or shopper loyalty programs
- No purchase by adults of a vaporiser for a minor
- 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
Sale
- Liquid nicotine cannot be sold without approval from the Ministry of Health. No retailer has been granted this approval
- Retailers must be licensed and are required to undertake future reporting (refer to the link below for details
- Sale of vaporisers (without nicotine) is legal but products must not make a therapeutic claim such as ‘this product will help you quit or reduce smoking’
- Vending machines: restricted to areas > 18 year old areas eg hotels, clubs or casino areas. A member of the public cannot operate a vending machine
- No sale from booth, tent, market stall or temporary structure
- Vendors are not allowed to put pictures of vaporisers or e-liquid on their websites
Public Places
- Cannot be used in smoke free indoor and outdoor areas
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Display
- 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.
Promotion
- No free samples, sponsorship or shopper loyalty programs. It is against the law to advertise a tobacco or vaporiser
Cars
- No use in cars with a child present
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Youth
- Sale to minors (< 18 years) is an offence
- No purchase by adults of vaporiser for a minor
- An enforcement officer has the power to seize a vaporiser that is in the possession of a person under the age of 18 years
Sale
- Liquid nicotine cannot be sold without approval from the Ministry of Health. No retailer has been granted this approval
- Hardware and e-liquid (without nicotine) is legal to sell according to some advice but questions are raised because ‘products that resemble cigarettes’ are illegal to sell. To date, this appears to be unenforced
- Vendors require a Retail Tobacco and E-Cigarette Merchant’s Licence
- Sale from vending machines, temporary outlets, sales trays is banned
- Internet sales will be banned from 1 October 2019
Public Places
- Vaping is banned in public places that are currently smoke-free under the law
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Display
- There are no restrictions on displaying vaping products that do not contain nicotine. This will be banned from 1 October 2019
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Promotion
- Free samples, prizes, gifts or other benefits (including through sponsorship, competitions and rewards) are not allowed
- Advertising and promotion will be banned from 1 October 2019
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Cars
- Vaping is banned in cars if a child under the age of 16 is present
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Youth
- It is an offence to sell e-cigarette products to under 18 year olds
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Sale
- Liquid nicotine cannot be sold without approval from the Ministry of Health. No retailer has been granted this approval
- Sale of vaping devices is banned in WA by way of a court ruling in 2014 (upheld on appeal in 2016) which found that they resemble tobacco products. E-liquid (without nicotine) is legal to sell. Refer to the below links for further explanation
Public Places
- Can be used in smoke free indoor and outdoor areas. Individual establishments can develop own policies to restrict use
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Display
- There are no restrictions on displaying e-liquid products that do not contain nicotine. Vaporisers cannot be sold.
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Promotion
- There are no restrictions on promotions of non-nicotine e-liquid. Vaporisers cannot be sold if they resemble a tobacco product
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Cars
- No restrictions on vaping in cars
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Youth
- There are no restrictions on e-liquid sales to minors
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Sale
- Liquid nicotine cannot be sold without approval from the Ministry of Health. No retailer has been granted this approval
- Hardware and e-liquid (without nicotine) are legal to sell
- Retailers need a Tobacco Retail Licence to sell vaping products
Public Places
- Can be used in smoke free indoor and outdoor areas Individual establishments can develop own policies to restrict use
Display
- It is an offence to display vaping products under the same restrictions as tobacco
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Promotion
- The advertising or promotion of vaping products is banned under the same law as tobacco products
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Cars
- It is an offence to use a vaping device in a car with a person under the age of 16 years
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Youth
- 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
Sale
- Liquid nicotine cannot be sold without approval from the Ministry of Health. No retailer has been granted this approval.
- Sale of vaporisers (without nicotine) is legal provided the seller holds a tobacco licence but products must not make a therapeutic claim such as ‘this product will help you quit or reduce smoking
- Cannot be sold from a vending machine if the public has use of the vending machine
- Cannot be displayed in a retail outlet. Cannot be sold from more than one point of sale in an unlicensed premises.
Public Places
- Cannot be used in smoke free indoor and outdoor areas
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Display
- Cannot be displayed, advertised or promoted in retail outlets.
|
Promotion
- No free samples, sponsorship or shopper loyalty programs
|
Youth
- Sale to minors (<18 years) is an offence
- No purchase by adults of vaporisers for a minor
- 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
Penalties
There are serious penalties for acquiring, using and/or possessing liquid nicotine unless it is prescribed by a doctor to help you quit or cut down smoking. Fines are based on ‘penalty units’, which can be located here.
| STATE |
PENALTY |
PRISON TERM |
LEGISLATION |
| ACT |
$30,000 max Or prison or both |
2 years |
Medicines, Poisons and Therapeutic Goods Act 2008 |
| Western Australia |
$45,000 |
|
Medicines and Poisons Act 2014 |
| Victoria |
$15,546 max |
|
Drugs, Poisons and Controlled Substances Regulations 2017 |
| South Australia |
$10,000 max |
|
Controlled Substances Act 1984 |
| Northern Territory |
$15,400 max Or prison |
12 months |
Medicines, Poisons and Therapeutic Goods Act |
| Queensland |
$9752 max |
|
Health (Drugs and Poisons) Regulation 1996 |
| New South Wales |
$1,100 max |
|
Poisons and Therapeutic Goods Regulation 2008 |
| Tasmania |
$7,850 Or prison |
Up to 2 years |
Poisons Act 1971 |
Customs
It is not an offence to import nicotine e-liquid into Australia under the Customs (Prohibited Imports) Regulations 1956 and an import permit is not required.
However, you may be committing an offence when you take possession of imported nicotine if you do not possess a prescription and do not meet the requirements of the TGA Personal Importation Scheme (above).
Imported vaping devices with nicotine which make a health claim (eg they are to help you stop or cut down smoking) may be referred to the TGA for a decision on whether to confiscate them, even if you have a prescription.
Vaping devices
It is not illegal to possess or use a vaporiser (without nicotine) in all states and territories of Australia.
However, it is illegal to sell a vaporiser in Western Australia. In some other states, there are restrictions on the sale of vaporisers that resemble cigarettes.
Other countries
Vaping is legal and readily available in most western countries such as:
Further details for individual countries are found here on the John Hopkins Bloomberg School of Public Health Institute for Global Tobacco Control website.