Recently revealed statistics reveal the comparative use of vapes in recent years by young persons in Australia, as below:
- In 2022-23, 12.9% of students surveyed, aged between 12-15, had vaped in the last month; compared to 22.1% of 16-17 years old.
- In 2022, 66% of study participants aged 13-19 had tried vaping.
- In 2021, 32% of 14-17 year olds surveyed in NSW had ever used an e-cigarette.
- In 2022, 14% of national survey respondents, aged 15-30, reported currently using a vape.
As a result of the rapid rise in the popularity of vape and related tobacco products, the Australian government has implemented significant changes to vape regulations in 2024.
Below are a summary of the key changes:
January 1, 2024
The importation of disposable vapes (with or without nicotine) is banned.
March 1, 2024
Importation of all recreational vapes is banned.
Only importers with a license and permit can import therapeutic vapes.
Prescription requirement: All nicotine vaping products now require a valid prescription from a doctor. This applies to both nicotine e-liquids and disposable vapes containing nicotine.
Flavours for imported vapes are limited to mint, menthol, or tobacco in an effort to make vaping less appealing to youth.
July 1, 2024
Domestic manufacture, commercial possession, and sale of non-therapeutic vapes and disposable vapes are banned.
Implementation of a ban of vape advertising across all media platforms, except where specifically authorised.
New offences and penalties introduced for unlawful importation, manufacture, supply, advertisement, and commercial possession of vapes.
October 1, 2024
Therapeutic vapes with nicotine concentration of 20mg/mL or less will be available from pharmacies to patients 18 years or over without a prescription, subject to an assessment of clinical appropriateness by the pharmacist.
Later in 2024
All vape sales in retail shops will be banned.
Only pharmacies will be able to stock vapes, and a prescription will be required for access.
Product standards for therapeutic vapes will be further restricted, including lower permissible nicotine concentrations.
Packaging will be limited to pharmaceutical-style packaging that aims to limit its appeal to young people.
These changes implemented by the Government aims to reduce vaping accessibility, particularly for young people, while also maintaining access for those using vapes as a smoking cessation aid under medical supervision (therapeutic use).
As the laws are changing significantly and quickly, there will undoubtedly be confusion (including by investigative prosecuting authorities) regards to what is and is not legal at different points in time.
At Jones + Associates, we are currently dealing with large and complex matters involving vapes and tobacco offences, and have the expertise to deal with any queries in relation to these matters. Should you or those close to you require assistance or advice, please do not hesitate to contact us at (07) 3229 3166.