Key takeaways
- Vaping is illegal for minors in Australia.
- Nicotine vaping requires prescription for adults.
- Legal age to vape nicotine is 18+.
- Selling vaping products to minors is illegal.
- Penalties for illegal vaping vary by state.
For some time now, vaping has been dominating news headlines, with reports that a growing number of teenagers and young adults across Australia are doing so illegally.
Illegal vaping is not just a social problem but also a health hazard.
In this guide, we take a look at the legal age to vape without a nicotine prescription in Australia.
Can You Really Vape Without a Nicotine Prescription in Australia?
No, you cannot vape without a nicotine prescription in Australia. If you’ve bought your NVP without a prescription and outside a pharmacy, you’ve just purchased a product that can endanger your health and your chances of quitting smoking.
Chat to a prescriber
Bulk-billed phone consultations
TGA-authorised clinicians
Nicotine vaping scripts available
As of March 2024, selling NVPs outside of pharmacies is now outlawed, and importing NVPs outside of the country is now disallowed. While buying NVPs outside of pharmacies is illegal, you won’t be targeted for purchasing it — the government is mostly after the ‘sources’ who sell these products outside of pharmacies.
How Old Do You Have to Be to Vape in Australia?
The only way to get a prescription to vape in Australia is to seek the guidance of a GP. Anyone at any age can get a nicotine prescription, even teenagers and children who are quitting the use of illegal NVPs (within the judgement of their attending GP, of course).
Your GP needs to determine if you have been unable to quit smoking using traditional methods (patches and gum) and need the assistance of nicotine vaping products to help you in your quit journey.
If you’re not a smoker who is struggling to quit, vaping isn’t for you.
How Old Do You Have to Be to Buy a Vape from a Pharmacy?
It is illegal for all vaping products to be sold to those under 18, whether they contain nicotine or not.
The RACGP’s smoking cessation guidelines do not recommend NVPs for people under the age of 18, but it is up to the clinical judgement of the GP to decide the best option for the patient.
Parental consent will also be taken into account during the GP’s clinical assessment.
So, if you’re wondering about the legal age to vape without a prescription in Australia, keep in mind that you can’t legally vape nicotine without a prescription at all.
Even if you’re above 18 years old, buying a vape outside of pharmacies is illegal, and you’re exposing yourself to the harms of an unregulated product designed to keep you hooked and spending.
Why is the Legal Age for Vaping Critical?
As of March 2024, nicotine vaping products can only be purchased through a pharmacy with a GP’s prescription, and this pertains to both adults aged 18 above and those who are younger.
Many non-pharmacy establishments across Australia have been illegally selling illicit vaping products to teenagers and young children.
Illicit NVPs (such as those in convenience stores and tobacconists) are imported under the radar, just like illicit tobacco and drugs, and are made as cheaply as possible for maximum profits
On the other hand, NVP products sold in pharmacies are made under stringent pharmaceutical standards on the manufacturing process and ingredients, are toxicologically assessed for inhalation, are locally insured, and are specifically designed to help you stop smoking.
At a wholesale cost of as little as $1, there is no concern with quality or safety, only maximum profits, which are achieved both by high, unregulated levels of nicotine (as high as 357mg of it per disposable vape) to hook teenagers and children as fast and hard as possible to keep them coming back to purchase at a 3,500% mark-up.
With the new rules that specifically target sellers rather than users themselves, NVPs that can truly help motivated smokers quit are kept away from the hands of anyone who doesn’t have to do anything with nicotine at all.
Penalties for Vaping Under the Legal Age in Australia
Across Australia, those found selling NVPs illegally face hefty fines.
| State | Illegal Act | Penalty |
| Nation-wide | Importation of nicotine vapes, electronic cigarettes or e-liquids | Maximum $222,000 fine (see Section 50 of the Customs Act 1901). |
| NSW | Buying* nicotine vapes, electronic cigarettes or e-liquids | Maximum $2,200 fine and/or 6 months imprisonment (see Section 16). |
| NSW | Selling nicotine vapes, electronic cigarettes or e-liquids (for all retailers other than pharmacies) | Maximum $1,650 fine and/or 6 months imprisonment. |
| NSW | Selling nicotine e-cigarettes or e-cigarette accessories to person/s under 18 years of age | In the case of an individual, a maximum of an $11,000 fine for a first offence, and a $55,000 fine for a second or subsequent offence. In the case of a business, a $55,000 fine for a first offence, and a $110,000 fine is for a second or subsequent offence. |
| VIC | Buying* nicotine vapes, electronic cigarettes or e-liquids | Maximum $1,817.40 fine. |
| VIC | Selling nicotine vapes, electronic cigarettes or e-liquids (for all retailers other than pharmacies) | Maximum $18,174 fine. |
| VIC | Selling nicotine e-cigarettes or e-cigarette accessories to person/s under 18 years of age | In the case of an individual, a maximum of a $21,808.80 fine. In the case of a business, a maximum of a $109,044 fine. |
| VIC | Buying nicotine e-cigarettes or e-cigarette accessories for a person under the age of 18 | In the case of an individual, a maximum $3,634.80 fine. In the case of a business, a maximum $18,174 fine. |
| QLD | Buying* nicotine vapes, electronic cigarettes or e-liquids | Maximum $27,570 fine. |
| QLD | Selling nicotine vapes, electronic cigarettes or e-liquids (for all retailers other than pharmacies) | Maximum $68,925 fine. |
| QLD | Selling nicotine e-cigarettes or e-cigarette accessories to person/s under 18 years of age | Maximum $19,299 fine for a first offence, $38,598 for a second offence, and $57,897 for a third or later offence. |
| ACT | Buying* nicotine vapes, electronic cigarettes or e-liquids | Maximum $32,000 fine and/or 2 years imprisonment. |
| ACT | Selling nicotine vapes, electronic cigarettes or e-liquids (for all retailers other than pharmacies) | Maximum $80,000 fine and/or 5 years imprisonment. A maximum $405,000 fine is applicable for a corporation. |
| ACT | Selling nicotine e-cigarettes or e-cigarette accessories to person/s under 18 years of age | Maximum $32,000 fine for an individual and a $162,000 fine for a corporation. |
| ACT | Buying nicotine e-cigarettes or e-cigarette accessories for a person under the age of 18 | Maximum $8,000 fine. |
| SA | Buying, selling, using or prescribing nicotine vapes, electronic cigarettes or e-liquid without proper authorisation | Maximum $10,000 fine. |
| SA | Selling nicotine vapes, electronic cigarettes or e-liquids (for all retailers other than pharmacies) | Maximum $20,000 fine for a first offence and up to $40,000 for a second and subsequent offence. For an individual vendor, a maximum $5,000 fine. |
| WA | Buying* nicotine vapes, electronic cigarettes or e-liquids | Maximum $45,000 fine. |
| WA | Selling nicotine vapes, electronic cigarettes or e-liquids (for all retailers other than pharmacies) | In the case of an individual, maximum $10,00 fine for a first offence, and $20,000 fine for a second or subsequent offence. For a corporation, a maximum $40,000 fine for a first offence, and $80,000 for a second or subsequent offence. |
| NT | Buying* nicotine vapes, electronic cigarettes or e-liquids | Maximum $15,700 fine or 12 months imprisonment |
| NT | Selling nicotine vapes, electronic cigarettes or e-liquids (for all retailers other than pharmacies) | Maximum $31,400 fine or 2-years imprisonment. |
| NT | Selling nicotine e-cigarettes or e-cigarette accessories to person/s under 18 years of age (or buying on behalf of person/s under 18 years of age) | Maximum $31,400 fine |
| TAS | Buying* nicotine vapes, electronic cigarettes or e-liquids | Maximum $6,850 fine or 2-years imprisonment. |
| TAS | Selling nicotine vapes, electronic cigarettes or e-liquids (for all retailers other than pharmacies) | Maximum $2,740 fine. |
| TAS | Selling nicotine e-cigarettes or e-cigarette accessories to person/s under 18 years of age | Maximum $20,760 fine for a first offence, a $41,520 fine for a second offence and a $62,280 fine for a third and subsequent offence. |
*Without proper authorisation.
In the ACT, illegal possession of nicotine vapes can lead to fines of up to $32,000 and/or imprisonment for two years. In Tasmania, the penalty stands at $7,850, or a maximum 2-year sentence. Refer to this list to read about the laws pertaining to your state.
It is also important to note that only registered pharmacies can sell nicotine vapes legally. Other retailers doing so, especially those selling to minors, face severe penalties and jail time.
You also have peace of mind when buying NVPs from pharmacies with a prescription. These are made with smoking cessation in mind, molecularly-characterised ingredients, and made with the highest standards available.
Plus, it’s a fully insured product, so if anything goes wrong with it, you call a helpline and get a new set. It’s also designed to help you handle withdrawals better and avoid the massive smoking relapse caused by cold turkey quitting.
Why Can I Only Buy NVPs from Pharmacies?
Included in the March 2024 announcement, pharmacies are the only legal sources of NVPs in Australia. NVPs from pharmacies are made with the highest medical standards and have the full intent of aiding motivated smokers to quit for good.
This framework enables motivated smokers to have access to a product designed to help them stop smoking for good with the guidance and monitoring of a GP. It also ensures that only those who have anything to do with NVPs (not children, teenagers, and non-smokers) are the ones who can access it, and no one else.
Pharmacists who sell NVPs are also trained and are fully informed on how to educate, encourage and motivate smokers looking to quit smoking with the help of an NVP aside from the patient’s GP.
This is a formative quit-smoking journey for motivated smokers, especially first-time users of NVPs after nicotine replacement therapy. In comparison, buying NVPs from a grocery or tobacconist does not give you the same guidance or education pharmacies provide.
Vape Only to Quit Smoking
Vaping is illegal for those under 18 in Australia. It is also illegal to sell vaping products (with or without nicotine) to anyone younger than 18 years of age.
Vaping nicotine is legal in Australia only with a GP’s prescription. Remember, there is no legal age to vape nicotine in Australia per se, as vaping without a nicotine prescription is illegal.
If you, or someone you know, is struggling with quitting smoking, we’re here to help.
Smokefree Clinic gives you access to many medically reviewed and trustworthy resources that can inform and aid you in your path to wellness, so have a look around!
If you’re ready to get started, Smokefree can connect you to Australian healthcare professionals who excel in helping patients quit smoking for good.
Link Reference
- https://www.legislation.gov.au/Details/C2015C00492https://www.health.gov.au/vaping/new-laws
- https://www.vice.com/en/article/n7zb37/we-got-your-vapes-tested-in-a-lab-heres-what-we-foundhttps://www.legislation.gov.au/Details/C2015C00492
- https://legislation.nsw.gov.au/view/html/inforce/current/act-1966-031#sec.16
- https://7news.com.au/news/public-health/australian-states-enforce-thousands-of-dollars-in-fines-to-curb-dangerous-vaping-trends-c-6842998
- https://www.tga.gov.au/news/media-releases/new-regulation-vapes-starting-january-2024