Is There a Fine For Vaping in Australia?

If you’ve just switched to vaping or are thinking about trying it, even if you’re not a smoker, you might be wondering if you can get fined like smokers do. 

This idea could come from the fact that people using nicotine vaping products (NVPs) are often told to use the same smoking areas in public and commercial spaces.

Not knowing the rules won’t save you from a fine, and those penalties can hurt your wallet.

So, to stay on the safe side, let’s go over the possible fines for vaping in Australia.

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Legality of Nicotine Vapes in Australia (2024)

In Australia, you’re in the clear if you’re using pharmacy-issued, therapeutic NVPs.

From 1 March 2024, all NVPs without a prescription, or sold outside pharmacies, are illegal. This even includes so-called ‘nicotine-free’ vapes, which often still contain nicotine.

If you’ve bought NVPs without a prescription, you’ve likely got an illegal and possibly unsafe product. Be cautious, as you can’t legally use it anywhere. 

Sellers of illegal vapes face hefty fines—tens or hundreds of thousands of dollars—and can be jailed for up to seven years.

While individuals could be fined for possessing illegal NVPs, the government says these rules aren’t aimed at personal users but at those profiting from creating a new generation of nicotine addicts for massive ongoing profits.

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

If you’re a regular person owning illegal vapes, you still need to be careful, as using them in restricted areas can lead to fines, just like with smoking.

Vapes are covered under the Smoke-Free Acts, which ban smoking and vaping in public or non-designated areas in commercial, educational, and entertainment spaces.

Casinos, clubs, parks, malls, and more can allocate up to 25% of their space for smoking and vaping. 

However, the rules and fines vary by state. For example, in the Australian Capital Territory (ACT), you could face a $3,000 fine after reaching 20 penalty units under their penalty system.

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.

Click here to book in with a doctor today.

Link Reference:

• https://www.tga.gov.au/products/unapproved-therapeutic-goods/vaping-hub/reforms-regulation-vapes
• https://www.health.gov.au/ministers/the-hon-mark-butler-mp/media/minister-for-health-and-aged-care-press-conference-28-november-2023?language=en
• https://www.acosh.org/tobacco-control-australia
• https://classic.austlii.edu.au/au/legis/cth/consol_reg/anr2016239/s37.html
• https://www.health.nsw.gov.au/tobacco/Pages/ban-ecigs-kids-in-car.aspx
• https://www.health.gov.au/topics/smoking-vaping-and-tobacco/about-smoking/laws-in-australia
• https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7440621/
• https://www.sd44.ca/school/windsor/Documents/NVSD%20Vaping%20and%20Smoking%20on%20School%20Grounds.pdf
• https://www.armstronglegal.com.au/criminal-law/nsw/offences/vaping-smoking/