Since vaping is a new technology, governments are scrambling to come up with laws that regulate how it can be sold, bought and used. The resulting legislation can be confusing. Australia, in particular, has lots of strict regulations on the purchase and use of vapes, and the laws vary by state. Here is a summary of the current laws and how you can legally purchase nicotine e-liquid in Australia.

Can You Legally Buy E-Liquid in Australia?

E-liquid is a scheduled substance in Australia, classified as a Schedule 7 Dangerous Poison. The Therapeutic Goods Association allows for e-cigarette usage as part of a health plan to quit smoking and avoid nicotine withdrawal. The TGA requires a doctor’s prescription for the legal sale of vaping liquid that includes nicotine, and all sales must be registered with the TGA.

Without a prescription, buying nicotine in Australia is illegal. Many Australians are working to change vaping laws, citing dozens of studies that show vaping as less harmful to health than smoking, but in the meantime, these laws apply.

Is It Legal to Use a Vape in Australia?

In most Australian states, it is legal to use e-cigarettes and vape liquids that contain nicotine. However, the state of Queensland has banned the use and possession of any vaping product that contains nicotine, attaching a hefty fine of $9,752 to the act. This is the only state where it is illegal to use nicotine in vapes.

Is It Legal to Order Nicotine E-Liquids Online to Australia?

In all states except Queensland, it’s legal to buy nicotine from another country and have it shipped to Australia for personal use, as long as you have a doctor’s prescription. This applies to e-cigarettes and e-liquids Any of these online orders must comply with regulations set by the TGA. These regulations include:

  • Must have a prescription from someone who practices medicine
  • Only 3 months’ supply may be imported (the amount is not specified)
  • Package must not contain any item banned by the Customs Act
  • The product can be used by the importer or importer’s immediate family
  • The amount ordered in 1 year must not exceed a 15 month supply (no amount specified)

Is It Legal to Vape In Smoke-Free Areas?

In Australia, the legality of vaping in smoke-free zones varies by state. In Queensland, it is illegal to use vapes containing nicotine anywhere. Vaping in smoke-free areas is illegal in:

  • New South Wales
  • Victoria
  • Tasmania
  • Australian Capital Territory

It is legal to vape in smoke-free areas, both indoor and outdoor, in the following:

  • South Australia
  • Western Australia
  • Northern Territory

It is legal to vape with nicotine in any areas that are not marked smoke-free, except in Queensland.

Promotional Advertising of E-Cigarettes

Whether or not it is legal to advertise vapes in stores depends on the state in Australia. Federal law does not include any prohibitions against it, but many states have adopted laws banning it. States banning it specify that advertisements for e-cigarettes are unlawful when they can be seen or heard in any public place, including inside businesses. These laws permit the display of signs that list prices for various e-cigarettes, but no other promotion.

New South Wales does not allow advertising, but some stores are exempt and can advertise. Beginning in October 2019, it will be illegal in South Australia to advertise or display e-cigarettes. Northern Territory is known as the state most tolerant of vaping, and it allows advertisements.

It is illegal to advertise vapes in stores or in public in the following states:

  • Victoria
  • Australian Capital Territory
  • Tasmania
  • Western Australia 
  • Queensland

Now that you’re familiar with the various laws that affect buying nicotine e-liquid in Australia, you can be an informed consumer of vape products. Shop VaporFi Australia through our collection of e-liquids containing nicotine for great deals and a wide selection of flavours.

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