Changes to vaping rules in Australia

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What’s changing?

Why are vaping regulations changing in Australia?

What can I do if I currently vape?

What impact will the vaping reform changes have?

You might have heard that Australia has ‘cracked down’ on vaping.

But what does this mean? And what effect will the changes have?

Here, we breakdown the changes that have happened – and what you can do if you, or someone you know, are impacted.

What’s changed?

From January 1, 2024: the Australian Government banned the importation of disposable vapes into Australia.

• this includes vapes with and without nicotine. Disposable vapes are e-cigarette devices that can’t be recharged, or reused.¹

From March 1, 2024: more requirements were introduced including:

• a ban on the importation of all vapes, including rechargeables, without an import licence and permit
• specific product requirements for vapes imported with a licence or permit, such as flavours limited to mint, menthol or tobacco.¹

From October 1, 2024: therapeutic vapes can now be bought from pharmacies by people over 18 without a prescription.²*

Therapeutic vapes are for someone quitting smoking, or managing a nicotine dependence (addiction).¹

These products must meet certain requirements:

• flavours will be limited to mint, menthol or tobacco
• packaging will be a plain pharmaceutical style
• nicotine concentration cannot be higher than 20mg/ml
• people who need vapes with a higher concentration of nicotine will require a prescription.³

*These changes are still subject to state laws. For example, Tasmania and Western Australia both recently announced they are introducing their own legislation which will be different to the federal vaping laws. These state laws will maintain the requirement for people over 18 to have a prescription from a medical practitioner to purchase a pharmaceutical vape. Whether other states follow suit remains to be seen. 

Therapeutic vapes for patients under 18 years will also depend on individual state/territory laws. The laws in some jurisdictions prevent the supply of vapes to people under 18, even with a prescription. But, in other jurisdictions people under 18 will be able to access a therapeutic vape with a prescription.³

To find out more about these changes visit the Therapeutic Goods Administration’s vaping hub or the Government’s vaping webpage.

Why have vaping regulations changed in Australia?

There is growing concern around young people vaping.⁴

Lifetime use of vapes in Australia increased from 11.3% in 2019 to 19.8% in 2022/23, and the number of people currently using a vape nearly tripled from 2.5% to 7.0% over the same period.^5,6

And use appears to be more common in young people:

• In 2022-23, 12.9% of students surveyed, aged between 12-15, had vaped in the last month; compared to 22.1% of 16-17 years old.⁷
• In 2022, 66% of study participants aged 13-19 had tried vaping.⁸
• In 2022/23, 26.6% of Victorian secondary school students had ever tried vaping.⁹
• In 2021, 32% of 14-17 year olds surveyed in NSW had ever used an e-cigarette.¹⁰
• In 2022, 14% of national survey respondents, aged 15-30, reported currently using a vape.¹¹

In early 2023, the TGA asked for feedback on potential reforms to the regulation of nicotine vapes in Australia.

All state and territory governments supported tighter border controls for vapes, and there was strong support for banning disposable vapes.¹² You can read more about the feedback on the TGA website.

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 or visit a nearby pharmacy. If you’re struggling to locate a pharmacy, have a chat with your GP who may be able to assist and also 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.^13,14

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.¹⁵

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.

What impact will the vaping reform changes have?

The Government hopes these changes will stop the growing black market for vapes, and reduce accessibility by teens.¹⁶

How effective the changes will be remains to be seen. And thorough data collection will be needed to understand the impacts.

Reducing the accessibility of illicit vapes will depend on how well importation and sales restrictions are enforced.

Recognising this, the Government also announced a new national enforcement framework – and additional funding over the next two years to introduce and enforce the changes, including:

• $25 million to Australian Border Force
• $56.9 million to the TGA.¹⁷

Other initiatives are also needed to address vaping by young people, including:

• improved education
• better support pathways
• consultation with young people.¹⁸

It’s also important that young people aren’t criminalised for possessing a nicotine vape without a prescription.

Some states and territories already prohibit individuals having any unprescribed nicotine vapes and these laws are unlikely to change.

While penalties will remain in place, the Australian Government has stated it won’t seek to criminalise people for possessing small amounts of vapes without a prescription for personal use.¹

That’s a positive move, as we know the criminalisation of substances 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.¹⁹

Decriminalisation can reduce these harms.

You can read more in our updated Position Paper on vaping.

Help and resources

• Quit (13 78 48) has a range of resources – including making a quit plan, quitting tips and tactics and resources and factsheets for parents. While some of these are designed for people quitting smoking, they can also be used to help quit vaping.
• Read our article Helping young people quit vaping.
• Visit Raising Children’s list of helplines for parenting advice or support.
• Find out more via Positive Choices fact page or Dovetail’s vaping resources.