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This page provides an overview of what retailers need to know about the regulation of vapes. Vapes include vaping substances, vaping accessories and vaping devices.
The Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Act 2024 (the Act) commenced on 1 July 2024. The legislation introduced a single consistent framework that applies nationally to regulate the importation, domestic manufacture, supply, commercial possession and advertisement of all vapes.
Those not complying may commit an offence or be liable for a civil penalty. Suspected unlawful goods will be seized and may be destroyed.
Vapes cannot be supplied in non-pharmacy retail settings
Vapes can only be supplied through a pharmacy. It is illegal for Australian retailers such as tobacconists, vape shops and convenience stores to supply any vapes, even with a prescription.
From 1 July 2024:
- non-pharmacy retailers are not permitted to sell any vapes, including existing stock
- pharmacies may only sell vapes that comply with the product standards, from the list of notified vapes on the TGA website.
Offences and civil penalties
There are offences and civil penalties for people and businesses that do not comply. This includes penalties for unlawful importation, domestic manufacture, supply, commercial possession and advertisement.
The maximum penalties that apply are up to 7 years in jail per offence and/or up to $2.191 million per contravention for an individual and $21.91 million per contravention for a corporation.
Read more on our Vapes: Compliance and enforcement page.
Possessing a commercial quantity of vapes may be unlawful
Since the Australian Government first announced its intention to regulate the supply of vapes on 2 May 2023, non-pharmacy retailers have been encouraged to run down their stocks.
From 1 July 2024, it is unlawful to manufacture, supply or possess for commercial purposes any vapes that do not meet the requirements of the Therapeutic Goods Act 1989.
The commercial possession restrictions prohibit:
- a person possessing a commercial quantity or more of vapes (from 1 October 2024 a commercial quantity is 9 vaping devices, 60 vaping accessories or 400mL of liquid vaping substance), or
- a retailer possessing any vapes on retail premises,
subject to limited exceptions for personal use and persons involved in the legitimate pharmacy supply chain.
Possession and supply exceptions
The Therapeutic Goods (Vaping Goods – Possession and Supply) Determination 2024 (the Determination) provides exceptions for businesses and individuals to possess and supply vaping goods in certain circumstances without being in breach of relevant offences or civil penalty provisions.
Under the Determination, additional time is available for the:
- surrender of unlawful vaping goods through the TGA business surrender scheme (notification period closed 1 September 2024)
- transport, storage or disposal of vapes in certain circumstances
- export of unlawful vapes in certain circumstances
- other limited activities.
These transitional arrangements will operate for a limited period and require certain actions to be taken and conditions to be met to qualify for the exception. Where a person is relying upon an exception in the Determination for their possession or supply of vaping goods, credible evidence must be retained to demonstrate compliance with the relevant requirements and conditions.
More information:
- Business surrender scheme underway, notification period ends
Possession and supply of vaping goods in Australia: Guidance on the legal instrument: Therapeutic Goods (Vaping Goods—Possession and Supply) Determination 2024
Restrictions on advertising and promotion of vapes
Changes to the Therapeutic Goods Act 1989 from 1 July 2024 prohibit advertising of all vaping goods unless authorised by the TGA. There are significant penalties for advertising vaping goods without authorisation.
Read more about advertising and promotion requirements.