Everything you need to know about the new laws on vaping, coming into effect today

The rules have been updated again

Vapes are to be banned in Australia. Image: iStock

As of 2024 the importation of vapes has been banned in Australia, making it the harshest ruling around vaping of any country in the world. Today, new laws come into effect – here's what you need to know.

Earlier this year the federal government introduced new laws around vaping around Australia, making it illegal to buy, use and sell as of January 1st 2024. 

The new laws were designed to stop single-use vapes from being manufactured, advertised and sold around the country, and will make Australia the first nation to implement such strict laws. Last year, the federal government attempted a softer approach to curb vaping habits, which saw little success. So now, the devices will be made far harder to attain.

That being said, there's been a bit of back and forth about the rules. Vapes will be available fro pharmacies without prescriptions as of July 1st, and in October, the rules will change slightly again. 

Here’s everything you need to know about the new rules.

Like what you see? Sign up to our bodyandsoul.com.au newsletter for more stories like this.

The new vaping laws, explained

The changes on January 1st were the first phase of the changes, which involved a ban on the importation of disposable single-use vapes.

Throughout 2024, legislation around vapes will continue to tighten, including “to limit flavours, reduce permissible nicotine concentrations and require pharmaceutical packaging.”  

Rules will also “prevent domestic manufacture, advertisement, supply and commercial possession of non-therapeutic and disposable single-use vapes to ensure comprehensive controls on vapes across all levels of the supply chain.” However, the government also notes there will be a transition period for businesses to comply with the new requirements. 

The second phase of the bans hit on March 1st 2024, and included the following changes:

• Cessation of the personal importation of vapes
• Ban on the importation of non-therapeutic vapes
• Requirement for therapeutic vape importers and manufacturers to notify the Therapeutic Goods Administration (TGA) of their product’s compliance with the relevant product standards
• Requirement for importers to obtain a licence and permit from the Australian Government’s Office of Drug Control before the products are imported

To assist with enforcing the ban, the Australian Border Force will receive a grant of $25 million, and the Therapeutic Goods Administration will get $59.6 million over the next two years, which will work to strengthen product standards for therapeutic vapes.

Here's how the new regulations on vaping will impact the industry. Image: Unsplash

July 1st vaping law changes

As of July 1st, the sale of vapes outside of pharmacies is prohibited. The original proposed legislation aimed to restrict vape purchasing to those with a prescription only, but this has since been revised in order to garner enough support across various political parties.

Per the TGA, the new rules include:

• the way Australians can access vapes will change
• non-pharmacy retailers, such as tobacconists, vape shops and convenience stores, cannot sell any type of vape
• therapeutic vapes will continue to be available from pharmacies where clinically appropriate
• to purchase vapes containing nicotine or a zero-nicotine substance, everyone will need a prescription from a medical or nurse practitioner
• flavours for therapeutic vapes are restricted to mint, menthol and tobacco
• anyone involved in transporting, storing or handling vapes must comply with strict requirements
• the advertising or promotion of vapes is generally prohibited. 

Adults will still be able to purchase a vape from a pharmacy without a prescription, yet will be required to speak to a pharmacist and provide identification. Vaping products will be kept behind the counter, requiring a pharmacist to explain the risks and side effects of vaping in person before any purchase is made.

From 1 October 2024, 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. 

Vapes will be banned from January 1st 2024. Image: Unsplash

Why are vapes being banned?

While millennials grew up surrounded by anti-smoking campaigns, which effectively weaned an entire generation off smoking, gen z did not, which meant they were easily romanced by the introduction of vapes – particularly as they were sold as a ‘healthier’ alternative.

In a statement about the changes, Health and Aged Care Minister Mark Butler said "Vaping is creating a whole new generation of nicotine dependency in our community.”

"Vaping was sold to governments and communities around the world as a therapeutic product to help long-term smokers quit. It was not sold as a recreational product - especially not one targeted to our kids but that is what it has become.

"We're taking tough action because this is a major public health issue. Vaping is a gateway to smoking and smoking remains the leading preventable cause of death and disease in Australia."

According to a statement from the Department of Health and Aged Care, a new Special Access Scheme pathway will come into effect too, in line with the January bans. This will “Facilitate improved access to therapeutic vapes, whereby all medical practitioners and nurse practitioners will be able to prescribe their use where clinically appropriate.” 

Vaping is undeniably bad for your health. Image: iStock

Health implications of vaping 

At this stage, the full extent to which vaping can damage your health is not known, but it is significant. Vaping can lead to seizures, popcorn lung, impotence, sleep disorders, shrunken testicles, reduced sperm count and damaged skin. And the list of side effects is constantly growing.

Data from the first quarter of 2023 showed one in seven 14- to 17-year-olds and one in five 18- to 24-year-olds are current vapers.

There is also strong evidence that “young Australians who vape are around three times more likely to take up tobacco smoking compared to young Australians who have never vaped.”

The new legislation aims to turn that statistic around, and find a solution to this new wave of nicotine dependency that has taken over the nation. 

Originally published as Everything you need to know about the new laws on vaping, coming into effect today