Australian vaping rules and regulations

In recent years there’s been increasing concern about young people vaping and the amount of disposable nicotine vapes in Australia.¹

In response, the Australian Government has changed how vapes are regulated, with the Therapeutic Goods Administration (TGA) putting in place several reforms since 2023.^{1, 2}

But some states have implemented their own restrictions around vaping.

Here, we break down Australia’s vaping rules nationally as well as in each state and territory.

*This information was updated in November 2025, please check your state or territory health department page for any changes and current regulations. 

What are the national vape regulations?

In 2024, new national regulations of vapes were introduced which:

• banned the importation and sale of non-therapeutic vapes and all disposable vapes (devices that can’t be recharged, or reused), including those with or without nicotine
• allowed and regulated the sale of therapeutic vapes at pharmacies.²

What are therapeutic vapes?

Therapeutic vapes are for people quitting smoking or managing a nicotine dependence.^{1, 2} They can only be imported with a license and permit, and must meet certain requirements, including:

• flavours are limited to mint, menthol or tobacco
• plain pharmaceutical style packaging
• nicotine concentration cannot be higher than 20mg/ml - people who need vapes with a higher concentration of nicotine require a prescription.²

Who can access therapeutic vapes?

In Australia, adults 18 years and over can access therapeutic vapes from pharmacies without a prescription, but those under 18 must have a prescription - where state and territory laws allow.²

What are the state and territory vape laws and regulations?

Some states have introduced their own legislation to restrict access to therapeutic vapes which are different to the national vaping regulations.

In Tasmania, Victoria and South Australia:

• young people under 18 years of age cannot buy vapes - even if they have a prescription.^3-5

In Tasmania and Western Australia:

• adults 18 years and over must have a prescription to access vapes.^{3, 6}

In other states and territories access laws are the same as national regulations.

The below table outlines state and territory vaping access laws as of September 2025. For up-to-date information please visit your state or territory’s government health department website.

Can I travel interstate with a therapeutic vape?

If you use a therapeutic vape and are planning to travel to a state with different vaping laws, it’s recommended to contact the local authorities in the state you are travelling to. Contact their government health department or medicines and poisons regulation units to get information and guidance:

• State and territory medicines and poisons regulation units contact details
• State and territory health departments contact details and websites.

If you’re over 18 and travelling to a state with prescription requirements, talk to your GP about getting a script to take with you.

Are there penalties for possessing non-therapeutic/illegal vapes?

The national regulations don’t criminalise the possession of vapes by individuals for personal use, and are instead targeted at commercial suppliers of banned vapes.⁷

This is a positive move, as we know the criminalisation of drug use causes harm, particularly to young and vulnerable populations. Impacts can include:

• inability to get a job due to having a criminal record
• experiences of stigma and discrimination
• overall negative impacts on wellbeing.⁸

But in some states and territories, possession of non-therapeutic/banned nicotine vapes is prohibited and penalties can apply.

If you have been issued a fine or charged with an offence related to personal use or possession of vapes, contact your state or territory’s Legal Aid service for information and advice.

What can I do if I vape?

If you, or someone in your life, wants to use nicotine vapes to stop smoking or manage a nicotine dependence, contact your doctor or visit a nearby pharmacy. Your GP may also be able to advise on pharmacies that stock therapeutic vapes, if you’re unsure where to access them, and provide you with other support and guidance.

There’s also a range of resources and services that can help people interested in quitting. See our information on helping young people to quit, and the resources listed below.

Many vapes sold illegally at retail stores or online without a prescription don’t state they contain nicotine - even though they do, and they often contain higher amounts than therapeutic vapes.^{9, 10}

For some people who vape, this may mean they’re dependent on nicotine without realising it.

That’s a problem, because when someone stops using nicotine they go into withdrawal.

Nicotine withdrawal symptoms include:

• irritability
• anxiety
• cravings
• having trouble concentrating
• sleep problems
• feeling sad or depressed.¹¹

These symptoms usually peak in the first few days after someone stops using nicotine and they start to reduce in the weeks following.

For help and support, see the resources listed below.

More information

To find out more about national regulations visit:

• The TGA vaping hub
• The Australian Government’s vaping webpage

For vaping information and resources visit:

• Vaping and young people
• Helping young people to quit vaping
• Dovetail’s vaping resources

Help and support

To get information and support around quitting vaping:

• Visit the Quit website or contact Quit (13 78 48) – Quit has a range of tools and resources to support someone quit vaping including making a vaping quit plan and quitting tips and tactics.
• Visit Raising Children’s list of helplines for parenting advice or support.
• Talk to your GP for further support and advice around quitting vaping.