Electronic Cigarette and Nicotine Laws in Australia

Electronic Cigarette and Nicotine Laws in Australia

Each Australian State and Territory classes Electronic Cigarettes and Nicotine differently. We encourage you to stay informed and up to date with how these laws affect you.

Western Australia:

  • Electronic Cigarettes are classed as a device used to mimic smoking. (Tobacco Products Control Act 2006)
  • The Sale and Supply of electronic cigarettes is illegal.
  • The Sale and Supply of Nicotine is illegal.
  • Importing Nicotine for personal use is legal.
  • Purchasing Electronic Cigarettes from another Australian State is legal.
  • The use of electronic cigarettes with or without nicotine is legal.

Queensland:

  • Electronic Cigarettes are classed as a Tobacco Product. (Tobacco and Other Smoking Products Act 1998)
  • The display and/or promotion of electronic cigarettes at a retail outlet is illegal.
  • The Sale and Supply of electronic cigarettes is legal.
  • The Sale and Supply of Nicotine is illegal.
  • Importing Nicotine for personal use is illegal.
  • The use of Electronic Cigarettes containing nicotine is illegal

New South Wales:

  • Electronic Cigarettes are not classed as tobacco products.
  • The Sale and Supply of electronic cigarettes is legal.
  • The Sale and Supply of Nicotine is illegal.
  • Importing Nicotine for personal use and possession is illegal. (clause 20 of the Poisons and Therapeutic Goods Regulation 2008)
  • The use of electronic cigarettes with or without nicotine is legal.
  • It is an offence to use e-cigarettes in cars with children under the age of 16 present
  • Sale of electronic cigarettes to persons under 18 is illegal
  • NSW Police have the power to seize an e-cigarette that is in the possession of a person under the age of 18.

Victoria:

  • Electronic Cigarettes are un-classed.
  • The Sale and Supply of electronic cigarettes is legal.
  • The Sale and Supply of Nicotine is illegal.
  • Importing Nicotine for personal use is legal with a medical certificate.
  • The use of electronic cigarettes without nicotine is legal. The use of electronic cigarettes with nicotine is legal with a medical certificate.

South Australia:

  • Electronic Cigarettes are un-classed.
  • The Sale and Supply of electronic cigarettes is legal.
  • The Sale and Supply of Nicotine is illegal.
  • Importing Nicotine for personal use is legal.
  • The use of electronic cigarettes with or without nicotine is legal.

Northern Territory:

  • Electronic Cigarettes are un-classed.
  • The Sale and Supply of electronic cigarettes is legal.
  • The Sale and Supply of Nicotine is illegal.
  • Importing Nicotine for personal use is legal.
  • The use of electronic cigarettes with or without nicotine is legal.

Australian Capital Territory:

  • Electronic Cigarettes are un-classed.
  • The Sale and Supply of electronic cigarettes is legal.
  • The Sale and Supply of Nicotine is illegal.
  • Importing Nicotine for personal use is legal.
  • The use of electronic cigarettes with or without nicotine is legal.

Tasmania:

  • Electronic Cigarettes are un-classed.
  • The Sale and Supply of electronic cigarettes is legal.
  • The Sale and Supply of Nicotine is illegal.
  • Importing Nicotine for personal use is legal.
  • The use of electronic cigarettes with or without nicotine is legal.

 

Please note these Laws are subject to change at anytime. We will do our best to keep this post up to date with the current Australia Laws but recommend you do you own research on the subject applicable to your State.

2 thoughts on “Electronic Cigarette and Nicotine Laws in Australia

  1. Dan says:

    Good to know.
    On what grounds can the government possibly base that legislation regarding e-cigs other than the money they will lose in tobacco tax should it become popular? Sad.

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