Obtaining nicotine vapes

Nicotine vaping products are known as unapproved medicines because they have not been assessed for safety, quality or efficacy by the Therapeutic Goods Administration.

Nicotine vaping products are not the first line approach to quit smoking. You and your doctor might discuss whether vaping products could help you if other approved methods to stop smoking have not worked. Until 30 September 2024, you need a valid prescription to legally obtain vaping products as part of a stop smoking treatment plan. 

With medical advice, a prescription can be given by an Authorised Prescriber for nicotine-vaping products. The prescription must be taken to an Australian pharmacy to purchase the product.

Retailing laws

In NSW, laws ban the sale of tobacco to minors. NSW Health teams monitor retail premises for compliance with these laws. Those in breach of the law risk fines, product seizures, and other penalties. 

Changes to vaping in Australia from 1 July 2024

The Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Act 2024 (the law) came into effect in Australia on 1 July 2024.

The law puts in place nationally consistent rules on the importation, domestic manufacture, supply, commercial possession and advertisement of all vapes.

The law helps to address the increasing health risks of vaping, while ensuring patients who legitimately need access to vapes can still purchase them as a tool to help them quit smoking or manage nicotine dependence.

Under the legislation:

• the way Australians can access vapes has changed
• vapes can only be sold in a pharmacy setting, regardless of whether they have nicotine in them or not
• non-pharmacy retailers, such as tobacconists, vape shops and convenience stores, cannot sell any type of vape
• flavours in vapes are restricted to mint, menthol and tobacco
• the advertising or promotion of vapes is generally prohibited
• anyone involved in transporting, storing or handling vapes must comply with strict requirements.

Vapes can only be sold at pharmacies

From 1 July 2024, all vapes, regardless of whether they contain nicotine or not, must be sold in a pharmacy for the purpose of helping people to quit smoking or manage nicotine dependence.

It is illegal for any other retailer—including tobacconists, vape shops and convenience stores—to sell any type of vape or vaping product.

Most vapes contain nicotine. However, some zero-nicotine vapes are also available. Regardless of whether they contain nicotine or not, all vapes must only be sold in pharmacies.

Purchasing nicotine vapes with a prescription

Until 30 September 2024, consumers will need a prescription from a doctor or nurse practitioner to buy vapes containing nicotine. This gives everyone the chance to discuss their vaping with a health professional and get the best information about health harms and quitting options.

Buying nicotine vapes without a prescription

From 1 October 2024, people 18 years or over will be able to buy nicotine vapes with 20 mg/mL of nicotine or less from pharmacies without a prescription. To do this, people will need to have a discussion with a pharmacist, including about the dosage and other options available to quit smoking and/or manage nicotine dependence. They will need to provide identification (ID) before they purchase and will only be allowed to purchase one month’s supply at a time.

People under 18 years will still need a prescription to access vapes, where state and territory laws allow it, to ensure they get appropriate medical advice and supervision.

People who need a vape with more than 20 mg/mL of nicotine will still need a prescription.

Further information can be found on the Department of Health and Aged Care and Therapeutic Goods Administration websites.

Penalties under the legislation

Changes to the vaping law in Australia are focused on protecting people from the harms of vaping and nicotine dependence.

The law targets commercial and criminal supply of vapes. Individuals, including people under 18 years, who have a vape on them for personal use will not be targeted under changes to the law.

If you think someone has breached tobacco and e-cigarette laws, you can report a complaint to NSW Health using this online reporting form.

For further information or for any other complaints, please call the Tobacco Information Line on 1800 357 412.

Non-English speaking people can contact the Tobacco Information Line via the Translating and Interpreting Service on 13 14 50 for language assistance to report breaches to tobacco and e-cigarette law.

Smoke-free healthcare environments

Did you know? No smoking also means no vaping

Under the NSW Smoke-free Environment Act 2000, vaping is banned wherever smoking is banned.

Sydney Local Health District is working to reduce the harm from smoking and vaping throughout our grounds and building. Smoke-free and aerosol-free environments protect our patients, staff and visitors.

This means that in line with the NSW Health Smoke-free Health Care Policy (2015):

• All Sydney Local Health District premises, vehicles and events are smoke-free.
• The smoke-free policy also applies to using e-cigarettes or vapes in smoke-free public places.
• All patients who are treated within our hospitals and community health buildings can expect to be asked if they smoke and offered support to quit or refrain from smoking during their hospital stay.
• Smokers who are admitted to hospital may be able to refrain from smoking. If you smoke, the nursing and medical staff can arrange nicotine replacement products such as patches and gum to manage your nicotine cravings, if required.
• Smokers are encouraged to make a quit attempt, using NSW Quitline or Aboriginal Quitline (13 78 48) for free, confidential support and nicotine replacement therapy to manage any nicotine cravings. Nicotine replacement therapy is much safer than smoking because it does not have the dangerous chemicals contained in tobacco smoke.
• Smokers must leave the grounds of health facilities if they choose to smoke or vape.