New vaping laws now in effect

NEW national laws regarding the importation, manufacture, supply and possession of vapes are now in effect.

The Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Act 2024 passed Parliament last week.

Patients will continue to need a prescription from a medical practitioner or nurse practitioner to purchase a therapeutic vaping substance from a pharmacy, but only until September 30.

From October 1, therapeutic vapes with a nicotine concentration of 20 mg/mL or less will be available from pharmacies to patients 18 years or over without a prescription, where a pharmacist assesses this to be clinically appropriate.

Therapeutic vapes for patients under 18 years and/or with a nicotine concentration of more than 20 mg/mL will continue to be available with a prescription from a medical or nurse practitioner, subject to state and territory laws.

The domestic manufacture, supply and commercial possession of non-therapeutic and disposable single-use vapes is now unlawful.

From July 1, only established pharmaceutical supply chains are permitted to distribute and supply vapes.

Non-pharmacy retailers, such as tobacconists, vape shops and convenience stores, are prohibited to supply any type of vape, including existing stock.

The Therapeutic Goods Administration (TGA) says the new measures will make it easier to identify and disrupt the illicit supply of vapes and to take effective enforcement action across all jurisdictions.

The Australian Border Force is leading enforcement at the border in partnership with the TGA, with any vaping goods imported without relevant licences and permits to be seized and destroyed.

New criminal and civil penalties also came into effect on July 1, with sentences including up to seven years in jail per offence and/or up to $21.91 million per contravention, but these are targeted at commercial operators, not individual users of vapes.

The TGA encourages people to report any perceived breach or questionable practices relating to the importation, manufacture, supply, and advertising of therapeutic vapes, including the supply of vapes by a non-pharmacy retailer, by heading to tga.gov.au/resources/resource/forms/report-perceived-breach-or-questionable-practices