From 1 October 2021, all nicotine vaporization products are prescription only in all Australian states and territories.
It is illegal to import, buy or sell vaporizers or e-liquids without a valid license or prescription. Heavy penalties apply, including fines and imprisonment. This article summarizes the laws surrounding vaping and e-cigarettes in Australia.
The Australian Frontier Force now has the power to stop nicotine vaporizers, nicotine pods and liquid nicotine packets.
Any entry that is not supported by a valid prescription or exceeds the prescribed amount may be considered illegal by the TGA under the Therapeutic Products Act 1989.
Imports, attempts to import, and possession of non-prescription nicotine vaping products classify them as “prohibited imports.”
A maximum fine of $222,000 applies.
Prescription consumers can legally import nicotine vaporizer e-cigarettes from overseas to assist smoking cessation under the Therapeutic Goods Administration (TGA) Personal Import Regime.
Under the program, patients can order for personal use for up to three months at a time and up to 15 months over a 12-month period.
Alternatively, patients with valid prescriptions can purchase the products from an Australian pharmacy.
The federal government and the Therapeutic Products Administration justified the change based on the significant increase in youth use of nicotine e-cigarettes and other nicotine vaping products and the associated health risks.
NEW SOUTH WALES
It is a crime to try to obtain or possess a prohibited substance, such as nicotine vaporizer, without a prescription.
The maximum penalty for a prohibited substance such as nicotine vaporization liquid is a $2,200 fine and/or 6 months in prison.
VICTORY
In Victoria, it is illegal to sell, possess or use over-the-counter nicotine-containing liquids in an e-cigarette.
QUEEN
It is illegal to buy, own or sell or supply over-the-counter nicotine vaporizer liquid without legal authorization in Queensland.
A person who buys or owns nicotine vaping liquid without a prescription or reasonable excuse faces a fine of up to $27,570.
MAIN AUSTRALIAN REGION
It is illegal to buy, sell, and possess nicotine vaping liquid in the ACT without a prescription or legal authorization.
SOUTH AUSTRALIA
In South Australia, it is illegal to sell or possess over-the-counter nicotine vaping liquid as outlined in the Controlled Substances Act 1984.
WESTERN AUSTRALIA
It is illegal to sell, supply or possess an e-cigarette or any nicotine-containing liquid without a prescription in Western Australia.
A maximum fine of $45,000 applies for these violations.
NORTH REGIONS
In the Northern Territory, it is illegal to sell, supply or possess an over-the-counter e-cigarette or any liquid containing nicotine.
Using or possessing nicotine vaporization liquid without a prescription carries a maximum penalty of $15,700 or 12 months in prison.
TASMANIA
Possession of a nicotine vaping product is illegal, with a maximum fine of $6,850 or 2 years in prison without a prescription.
SOURCE: mondaq
Source: Daily Mail
