Vaping in Australia and The Law

Vaping in Australia and The Law

If you’re a vaper or plan on travelling down under, you need to know what the laws are on vaping in Australia.

John Taylor with JOSTECH VAPE STORE gives us some insight into the laws around electronic cigarettes and whether these regulations cause more harm than good.

by John Taylor

Australian Government Nicotine Regulations – Justified or Not?

Despite regulations around the world, including in the OECD (Organisation for Economic Co-operation and Development) Nations, that allow their citizens to use e-cigarette products, including nicotine e-liquids in vaping, Australia is still reluctant to make electronic cigarettes readily available, which includes legalizing the sale of nicotine vape products.


The government is fearful that legalizing the sale of nicotine could send the wrong signal, leading to the normalization of vaping in Australia.

Let’s see how this is impacting the public and analyze some of the states, namely Western Australia (WA) and Queensland (QLD), to see if their local laws are justified.

Nicotine in Australia – Federal Laws

The Australian Commonwealth regulation imposes a complete ban on vape liquid containing nicotine because of provisions found in Poisons Standards.

vaping in Australia poison standards

This restriction applies to the whole of Australia and unfortunately the state parliament is unable to override this restriction.

Within Australia, WA prohibited e-cigarettes completely, including those that don’t contain any nicotine.

Even though e-liquid containing nicotine continues to be lawful in most states across Australia, Western Australia is the first jurisdiction that took this kind of remarkable step to entirely prohibit e-cigarettes.

For that reason, the question arises – where do WA residents buy their e-cigarettes from?

The answer is they can’t buy e-cigarettes from Perth or WA since selling electronic cigarettes is prohibited as per the state law.

Residents from Perth and other regions of WA can basically buy e-cigarette products from anywhere else apart from their own state. Does this make sense?

Australia’s State Laws on Vaping

In most of its States, vaping in Australia is only banned in public places where tobacco smoking is banned.

We can expect that other places in Australia will certainly introduce more regulations to control electric cigarettes in the foreseeable future. But, they will possibly not ban vape devices entirely.

The Governments are inclined to make strict rules since there isn’t enough scientific evidence to prove 100% that e-cigarettes are safe and may help people quit.

It is best to ask someone who has used vaping devices to learn if they can be useful. Asking for someone’s personal experience with their e-cig starter kit could be the best strategy for understanding the usefulness of such devices.

This may also justify the reason for the growing market that this sector has experienced in the past years, even with lots of information that is out there against electronic cigarettes.

I know handful of folks who no longer smoke after starting to vape.

Are These Restrictions Justified?

Selling electronic cigarettes in Australia is restricted in some states by the local laws applicable to that state.

vaping in Australia sales

However, this does not always mean that vaping in Australia or importing the devices is also prohibited. Electronic cigarette suppliers are nevertheless legally permitted to sell vape products, to any place in Australia, even to those states where there is total ban on the sales of vape devices.

In case you are a Perth resident and wanting to know where you can buy vape products, don’t worry; you can obtain them from virtually anywhere in the world including from other states in Australia.

A lot of vaping advocates and supporters think that there need to be changes to these regulations to allow folks who wish to vape to buy them locally.

Many tobacco smokers choose to switch to vaping due to health-related reasons. This should be a person’s right.

A rough estimate suggests that the average savings from vaping could be around 75% and it helps people move away from killer tobacco.

One could also argue that there is no research that proves scientifically that vaping just isn’t harmful. But, it is believed that many people buy nicotine liquid from the illegal markets.

How Do Australians Buy Their Vaping Products?

Because of all the regulations on vaping in Australia, there are no e-liquids or e-cig makers in Australia.

In addition, due to the laws in place, Australians cannot buy their nicotine e-liquid from within Australia and instead have to trust the imported products from overseas.

In case you are a Perth resident and wanting to know where you can buy vape products, don’t worry; you can obtain them from virtually anywhere in the world including from other states in Australia.

Nicotine vape juice is available from overseas; however, only three-month supplies of nicotine according to the law can be imported.

QLD law is the worst of all probably, as Queenslanders are unable to import any nicotine. You may use vaping devices in every Australian state even though it contains nicotine. However, you are not allowed to use e-juice with nicotine in Brisbane, QLD.

You could be wondering whether there is any drama at International airports on carrying e-juice containing nicotine into Australia (other than Queensland). If you intend to use it and not offer it for sale, you can bring nicotine-containing vape liquid in a fixed maximum quantity.

The Future of Vaping in Australia

The Australian Government is nervous about the use of e-cigarettes in Australia. It is possible that the Australian government will legalize nicotine in the near future, but we are really not yet sure.

Also, we are unsure when it might be lawful to sell e-cigarettes in Perth, WA. So far, vaping devices or nicotine sales within Australia is prohibited, but Australians can buy what they need from abroad or from any Aussie vape store located in Australia.

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