Vaping Laws in Australia: What’s Legal and What’s Not (Updated for 2024-2025)

Australia has implemented some of the world’s strictest regulations on vaping, driven by a strong public health focus and a desire to curb the rise of vaping, especially among young people. The landscape for vapers in Australia has undergone significant changes throughout 2024 and continues to evolve into 2025. If you’re wondering what’s legal and what’s not, here’s a comprehensive breakdown.

The Overarching Principle: A Therapeutic Model

At the heart of Australia’s vaping laws is the principle that vapes  iget are considered therapeutic goods, primarily intended to help people quit smoking or manage nicotine dependence. This fundamental approach dictates almost all aspects of their legal status, from importation to sale and access.

Major Changes in 2024: The Pharmacy-Only Model

A pivotal shift occurred on July 1, 2024, which fundamentally altered how vapes are supplied in Australia. As of this date, all vapes and vaping products, regardless of whether they contain nicotine or not, can only be sold in a pharmacy. This means:

• No more vape shops, tobacconists, or convenience stores: It is now illegal for any business outside of a pharmacy to sell any type of vape or vaping product.
• Disposable vapes are banned: You cannot purchase single-use disposable vapes, even from a pharmacy.

Accessing Vapes from Pharmacies: The Prescription Framework

While all vapes are now pharmacy-only, the requirement for a prescription varies based on age and nicotine concentration:

• From October 1, 2024, for Adults (18+): Individuals aged 18 and over can purchase vapes with a nicotine concentration of 20 mg/mL or less from participating pharmacies without a prescription, where state and territory laws allow. However, a consultation with the pharmacist is mandatory. This includes discussing the product and dosage, exploring other cessation options, and providing identification for proof of age. Only a one-month supply can be purchased per month.
• Prescription Still Required for Certain Cases:
  • Under 18s: People under 18 years old still require a prescription to access vapes, ensuring they receive appropriate medical advice and supervision.
  • Higher Nicotine Concentrations: Regardless of age, if you need vapes with a nicotine concentration higher than 20 mg/mL, a prescription from a medical or nurse practitioner is still necessary.

Product Restrictions: What You Can (Legally) Buy

The types of vapes available through legal channels are also heavily restricted:

• Flavours: Only mint, menthol, and tobacco flavours are permitted for therapeutic vapes. All other flavours are banned.
• Packaging: Vapes must adhere to plain pharmaceutical packaging standards, with no designs or marketing that could appeal to children.
• Ingredients: Strict limits apply to ingredients, with certain harmful chemicals prohibited.
• Reusability: Legal vaping products are generally reusable devices; single-use disposable vapes are prohibited.
• Nicotine Concentration Limit: A maximum permitted nicotine concentration of 50 mg/mL (or equivalent base form) is in place, with anything exceeding this being illegal to import, manufacture, or supply.
• Container Volumes: Individual vaping substance containers (including pods and cartridges) must not exceed 60mL, and closed-system vape pods/cartridges must not contain more than 5mL.

Importation Laws: Tightening the Borders

Australia has also significantly tightened its import laws for vaping products to combat the illicit market:

• Disposable Vape Import Ban: From January 1, 2024, the importation of disposable vapes is prohibited unless the importer holds a specific licence and permit issued by the Office of Drug Control (ODC).
• Other Vaping Goods Importation: From March 1, 2024, the import of all other vaping goods (devices, accessories, substances) also requires a licence and permit from the ODC. Only businesses are eligible to obtain these, and the goods must generally be included in the Australian Register of Therapeutic Goods (ARTG) or meet new notification requirements.
• Traveller’s Exemption: While strict, there’s a limited traveller’s exemption for personal use. From March 1, 2024, travellers entering Australia can bring a small quantity of vapes for therapeutic use, specifically:
  • A maximum of 2 vape devices (disposable or reusable)
  • 20 vape accessories (cartridges, pods, etc.)
  • 200mL of vape substance in liquid form.
  • These must be for the traveller’s own treatment or someone they are caring for who is travelling with them. Vapes containing controlled drugs (like cannabis oil) are subject to separate regulations.

Where Can You Vape? Smoke-Free Laws Apply

It is generally illegal to vape in places where tobacco smoking is banned. Smoke-free laws apply to everyone and can vary slightly by state or territory, but common prohibited areas include:

• Indoor public places
• Enclosed workplaces
• Public transport
• Some outdoor public spaces (e.g., near playgrounds, schools, certain sporting venues)

Always check local signage and regulations as they can differ.

Penalties for Non-Compliance: Serious Consequences

The Australian government is serious about enforcing these new laws. Penalties for illegal activities related to vaping can be severe, targeting commercial and criminal supply rather than individual users with small quantities for personal use.

• Maximum penalties for unlawful importation, manufacture, supply, advertising, and commercial possession can include:
  • Up to 7 years in jail per offence.
  • Fines of up to $2.191 million for individuals and $21.91 million for corporations (as of July 2024).
• On-the-spot fines for selling illicit tobacco and vapes have been significantly increased in some states, with Queensland, for example, imposing fines of over $30,000 for individuals and over $160,000 for corporations for commercial supply.
• Seizure and destruction of non-compliant goods are also permissible.

The Future of Vaping in Australia

The Australian government’s approach is clear: restrict vaping to a therapeutic model aimed at smoking cessation and nicotine dependence management, while aggressively cracking down on the illicit market and youth access. Further restrictions and regulations are expected to be implemented, including stricter standards for product appearance and labelling. The long-term goal is to protect public health by significantly reducing vaping rates, especially among young people.

For vapers in Australia, understanding and adhering to these strict laws is crucial to avoid legal repercussions and to ensure access remains within the regulated, health-focused framework.