Vaping laws in Australia

Smoking laws help create safer environments and less harmful effects from tobacco and vaping products. 

Both State and Federal Governments work together to ensure community members, including children and young adults, know the risks of what they are consuming, and to reduce the wide access and marketing of these products. 

Tobacco products must display health warnings clearly on the packet which has proven to be one of the biggest public health successes in the past 20 years. 

As e-cigarettes are a relatively new product in Australia, laws are progressing alongside an ever-evolving market for these products.

There are currently no nicotine vaping products in Australia that have been assessed and approved by the Therapeutic Goods Administration (TGA). They are considered ‘unapproved’ due to safety, quality and efficacy. 

Current e-cigarette laws in Australia

  • E-cigarettes are a nicotine prescription product as per the Therapeutic Goods Administration (TGA). A consumer needs a valid prescription to purchase nicotine containing e-cigarettes (vapes) in Australia. 
  • Vaping products (even those containing no nicotine) cannot be sold or supplied to anyone under the age of 18 years (even on prescription). 
  • It is illegal for Australian retailers (tobacconists, vape stores, convenience stores and service stations) to sell nicotine containing e-cigarettes (vapes) to any consumer, even if the consumer has a valid doctor’s prescription. 
  • Australians need a valid prescription to legally access nicotine containing e-cigarette products in any form, from any seller.
  • E-cigarettes that do not contain nicotine are legal in Australia. Adults above the age of 18 can buy and use e-cigarettes that do not contain nicotine (consumers should be aware that a recent study had found 6 out of every 10 products advertised as non-nicotine had various levels of nicotine present within the product).
  • ‘No smoking’ signage covers both smoking tobacco and e-cigarettes. Smoking cigarettes or e-cigarettes is prohibited in smoke free zones. This includes indoor venues for smoking. 

Current tobacco laws in Australia

Tobacco products are not allowed to:

  • be advertised in a way showing it is persuasive or encouraging for someone to smoke.
  • be advertised through sponsorship, point of sale or displayed in a retail setting
  • be smoked in enclosed public places including public transport, cinemas, shopping centres and pubs.

Tobacco product have to abide by:

  • plain packaging laws
  • displaying certain health warnings and graphics
  • tobacco excise rates for pricing.