Key takeaways
- Fines for vaping in non-smoking areas.
- Non-pharmacy vaping products illegal since 1 March 2024.
- Vaping on planes, in vehicles, indoors incurs penalties.
- Schools can issue suspensions for vaping.
- Government primarily targets sellers, not individuals.
Like smoking, is there a fine for vaping in Australia? Does it work the same way as smoking in a plane, public area, or a school?
Most assume this is the case – after all, people who use nicotine vaping products (NVPs) are directed to smoking areas allotted in various commercial, entertainment, and public spaces.
In today’s post, we’ll talk about the possible fines for vaping in Australia.
Legality of Nicotine Vapes in Australia (2024)
First, let’s make sure you’re using an NVP that is legal to have and use in any case – these are the ones that you can purchase from pharmacies with a prescription
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As of 1 March 2024, all non-therapeutic NVPs sold outside pharmacies are illegal. These include supposedly ‘nicotine-free’ NVPs (which still contain nicotine).
Only vapes available from pharmacies are legal in Australia.
If you purchased NVPs without a prescription, you have a potentially unsafe and illegal product on your hands – you cannot legally use this anywhere.
NVP sellers who aren’t pharmacies can face fines of tens or hundreds of thousands of dollars and also face up to seven years imprisonment.
For those who have purchased illegal NVPs, they could be fined for possessing the products, but the government has explicitly stated it is not targeting individuals – only the bad actors who aim to profit and create a new generation of nicotine addicts.
To quote Australian Minister for Health and Aged Care, Mark Butler:
“We determined that the mischief here was in the import and supply. We’re not about to attribute blame to people who use these products and have become addicted.
“I’m not going to blame those users. I am going to blame the people who develop, import and supply them, and we’re going to try and stamp that out.”
Fines for Vaping in Australia
While the government has stated it won’t target individuals simply for owning and using an illegal vape, anyone who uses any vaping product in a restricted area can indeed receive fines from local authorities, just like smoking.
This is because vapes also fall under the Smoke Free Acts, which state that public areas and areas not designated for smoking in commercial, educational, entertainment, and other spaces should be smoke- and aerosol-free.
The acts state that all casinos, clubs, bars, outdoor parks, malls, and others can allocate as much as 25% of their available space for smoking and vaping.
These laws can differ slightly based on which state you’re in – it’s worth checking up on your local laws.
The fines you can receive for violating these rules also varies by state. For instance, Australian Capital Territory (ACT) uses a penalty system that can earn you a huge fine of $3,000 once you hit 20 penalty units.
Simply put, you could be facing thousands of dollars in fines if you’re not careful where you vape in Australia.
Fine for Vaping on a Plane or in an Airport
Vaping is also banned inside airports, unless you’re in a designated smoking area (if there is one).
If you vape on an aeroplane – even sneakily inside the restroom – you can instantly earn 50 penalty units that corresponds to possibly tens of thousands in fines.
Fine for Vaping in a Vehicle with Minors
According to the law, smoking and vaping in a vehicle occupied by passengers of minor age is against the law.
You’ll be looking at a minimum of $1,100 in fines if you’re caught by authorities vaping in a vehicle with children.
Fine for Vaping Indoors
As mentioned above, all institutions and buildings can have up to a quarter of their available space designated as a smoking and vaping zone.
Depending on which state or territory you reside in, you can accumulate penalty points once you’re caught using NVPs inside areas like a mall, airport, or restaurant. Accumulate enough points (around 20), and you can get a hefty fine worth thousands of dollars.
What is the Fine for Vaping in School?
You’ve definitely heard it in the news – schools are notorious for both the high rates of smoking and vaping. Half of the schools and universities in the country have banned smoking and vaping in classrooms, halls, outdoor eating areas, and within five metres of any educational institution.
While there are no fines for vaping in school, there are most definitely consequences. Some schools can issue a 3-day suspension or a suspension out of the institution – outcomes that no motivated student (or parent) would be happy about.
Fine for Underage Vaping
Selling NVPs to anyone below 18 years old is illegal and earns a fine of $1,150. Repeated instances can lead to much higher fines or punishment.
Fortunately, the new regulations aim to remove illegal vapes from retailers across the country, which removes their access to young children and teens.
How to Access NVPs for Smoking Cessation?
If you’d like to know the legal way to access NVPs from pharmacies today, here’s a quick guide below.
Go Through First-Line Solutions First
Some motivated smokers can handle cold turkey just fine and can see success within the first try, but oftentimes, smokers have strong withdrawals that draw them back to lighting a stick.
That’s where nicotine replacement therapy (NRT) products come in. These are readily available and stocked at your local pharmacy.
NRT products are the most trusted quitting option available for motivated smokers. They might not imitate cigarettes, but they contain a small dose of nicotine that may be enough to alleviate your withdrawals. These come in the form of patches and gums for easy and convenient nicotine delivery.
While NRTs can be effective, they don’t work for everyone. If these haven’t done the trick for you, you may now be eligible for a nicotine prescription to use nicotine vaping products (NVPs).
Chat to a GP
As mentioned, cold turkey and the use of NRT products has worked for many successful ex-smokers. But, you might have ingrained behaviours and triggers that only something that mimics a cigarette can successfully address, such as the hand-to-mouth motion, and needing something to use while having a drink with friends.
That is where NVPs become very handy in helping you fight the urge to consume tobacco.
You need a nicotine prescription before you can purchase NVPs, so you’ll need to consult with a GP to help you on your smoking cessation journey.
And, if your GP deems it necessary, they can write you a nicotine prescription for NVPs.
You can chat to your usual GP more about this.
Visit Your Local Pharmacy
Once you have your nicotine prescription, you can pop down to your local pharmacy. Over 2,200 pharmacies across Australia hold these products in-store, but any pharmacy can order these in for you if they don’t currently stock them.
Both your pharmacist and GP can advise you on how best to use the product, such as the initial setup, and the number of puffs to take when you feel withdrawals.
Summary
If you use vapes in areas where smoking is prohibited, you’re risking some pretty hefty fines just like smoking.
If you’re currently looking to stop smoking or nicotine altogether, we can 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 friendly Australian healthcare professionals who excel in helping patients quit smoking for good, including via the use of pharmacy NVPs.